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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Shared email? I recently made an application to vary a parenting

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Shared email?

I recently made an application to vary a parenting order and am representing myself. My ex who is the defendant is also self representing. My ex is using an email address for service that is shared with their new spouse. I have felt uncomfortable about this when it was general correspondence as I never knew who would be reading or responding to my emails. Sometime my exes spouse has replied to my emails and they have both told me it is a shared email address that they both check and read all in coming emails.

I feel even more uncomfortable that this same shared email address is being used in legal correspondence and it does not seem appropriate to me. Is there any requirements regarding the privacy of legal correspondence which would restrict the use of a shared email address?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : It is insensitive but the privacy rights are owned by the owner of the email address. If they choose to waive the privacy, then that is their problem. However I think it would be appropriate for this to be sent to only your ex, and you should mention this as an issue, before the judge.
Customer:

Yes.

Customer:

I understand that legal correspondence between lawyers is usually seen as being without prejudice and cannot be used in affidavits. Despite this my ex did use some correspondence in one affidavit years ago so I am mindful of this. If he is using a shared email address does this affect the correspondence ability to be without prejudice?

christhelawyer : You need to be vigilant and raise this when needed. However the Family Court is more relaxed about strict rules if evidence and you need to pick the occasion to object to times when the document should not be produced.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18687
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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