Harman Obligations – Collateral and Strategic Uses – Leo Cussen Centre for Law

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Harman Obligations – Collateral and Strategic Uses

Harman Obligations – Collateral and Strategic Uses

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In an era of increasing multi-forum litigation and high-stakes reputational risk, the Harman obligation—long regarded as a settled principle of litigation confidentiality—is now a site of complex strategic tension. This seminar will critically examine how the Harman undertaking is used, misused, and sometimes weaponised in collateral proceedings. 

This seminar will cover:  

  • What practitioners can and cannot do with discovered materials  
  • Exceptions, enforcement, and the consequences of breach 
  • Strategic issues in high-stakes proceedings  
  • When is collateral use permitted or defensible 
  • Recent case developments testing the limits of collateral use (including Djunaedi v Collins [2025] FedCFamC2G 135 and others) 


What is included:

Videos of the presentation in mp4 format.

Paper materials in pdf format.

* This Webcast does not allow WA practitioners to claim CPD points