Xavier College's administrators have taken the almost-unprecedented step of trying to force the psychologist of a man who claims he was sexually abused while a student at the school more than 40 years ago to give evidence against his patient.
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Janusz Skarbek alleges he was raped when he was a student at the exclusive, Jesuit-run school between 1971 and 1974.
According to his lawyer, Mr Skarbek had his first "realisation" he had been abused about six months after he had been seeing Dr Geoff Pearce, a Queensland psychologist, for unrelated matters more than 40 years later.
Mr Skarbek has launched a Supreme Court lawsuit against his former school, claiming it was negligent in its treatment of him and seeking compensation for his pain and suffering.
The man he named as his abuser, Father John Byrne, died in 1974, but the Catholic Church has previously acknowledged that he was an abuser.
The Society of Jesus in Victoria – which administers Xavier College – is listed as the chief defendant in the claim.
Xavier has not admitted any responsibility for Mr Skarbek's psychological injuries.
The school has argued through its lawyers that it is impossible to know how Mr Skarbek came to suffer his psychological problems, since his alleged abuser was now dead.
But on Friday, the organisation upped the ante, arguing in the Supreme Court that Dr Pearce must hand over his records of sessions with Mr Skarbek so the abuse allegations can be fully investigated.
Mr Skarbek's lawyers have opposed the bid, arguing that what the alleged victim told his psychologist must be considered protected and confidential.
Further, they say in written submissions tendered to the Supreme Court, the consequences of private medical records being handed over could be far-reaching.
These include: "the likelihood that other victims of sexual abuse and assault will be deterred from seeking help from psychologists and counsellors, if defendants in circumstances such as these are able to obtain protected evidence of treatment sessions".
Mr Skarbek was referred to a psychologist in about June 2009, for pain management, panic disorder and other issues.
It was three years later, in July 2012, that Mr Skarbek had a "realisation", as his lawyers put it, that he had been abused as a child.
Shortly afterwards, Mr Skarbek contacted a lawyer.
The Society of Jesus has sought Dr Pearce's records of conversations with his patient after the realisation struck.
Mr Skarbek's submission to the court says this includes painfully personal material, including Mr Skarbek discussing his partner and daughters and his "frustrations and anxieties about the progress of his claim for compensation" from Xavier's administrators.
"The plaintiff would not have disclosed those types of information and consented to Dr Pearce making notes of them, if he had believed the remedial sessions were not confidential."
In May last year, principal Chris Hayes admitted nine legal cases of abuse in the 1960s and 1970s had later been settled with victims.
Mr Hayes said no criminal convictions were recorded for the offences.
Associate Justice Melissa Lee Daly reserved her decision on Friday.
