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Question...

Our client had a car that was insured in his name stolen. The claim was recently settled by payment to his nominated account. 

His wife has now asked for details of the settlement as she says she is entitled to claim half from him as part of the split of assets. 

Does the Privacy Act preclude us from divulging this information to her?

 

Reply: Crossley Gates

Who is your client - the husband or the wife (or both)?

Information about the payment of money by the insurance company to the husband is personal information about him. Assuming you act for him alone, you should not release that information to his wife (or anyone else for that matter) without his approval. Yes, the Privacy Act says this. 

The wife should request this information from the husband direct and if it is not forthcoming, she should seek legal advice about what may be matrimonial property she is entitled to a share of.



Sept 2019

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