Trade Practices Commission v Port Adelaide Wool Co Pty Ltd & Anor [1995] FCA 866

CATCHWORDS DISCOVERY AND INSPECTION OF DOCUMENTS - claims of legal professional privilege - relevance of ss 118 and 119 of Evidence Act 1995 (Cth) - whether order for production for inspection "necessary" within the meaning of O15 r15 of Federal Court Rules - possible severance of privileged and non-privileged portion of documents. EVIDENCE - whether enactment in Evidence Act 1995 (Cth) of client legal privilege has expanded circumstances in which pre-trial privilege from production may be claimed - relevance of ss 118 and 119 of Evidence Act 1995 (Cth) to pre-trial procedures. Evidence Act 1995 (Cth) ss 117(1), 118, 119 and 131(1) Federal Court Rules O 15 rr 2, 5, 6, 11, 14 and 15 Grant v Downs (1976) 135 CLR 674 Abrook & Ors v Paterson & Ors, unreported decision of the Federal Court, dated 30 August 1995 Trade Practices Commission v International Technology Holdings Pty Ltd & Ors, unreported decision of the Federal Court, dated 10 July 1995 Commonwealth of Australia v Northern Land Council & Anor (1991) 103 ALR 267 Trade Practices Commission v C C (New South Wales) Pty Limited & Ors (No.4), unreported decision of the Federal Court, dated 2 August 1995 Trade Practices Commission v Sterling (1979) 36 FLR 244 Waterford v The Commonwealth (1987) 163 CLR 54 Somerville & Ors v Australian Securities Commission & Ors (1995) 13 ACLC 1527 No SG 18 of 1995 TRADE PRACTICES COMMISSION v PORT ADELAIDE WOOL COMPANY PTY LTD (ACN 007 884 282) & JOHN ROSS SINCLAIR Branson J Adelaide 31 October 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 18 of 1995 ) GENERAL DIVISION ) BETWEEN: TRADE PRACTICES COMMISSION Applicant - and - PORT ADELAIDE WOOL COMPANY PTY LTD (ACN 007 884 282) First Respondent - and - JOHN ROSS SINCLAIR Second Respondent REASONS FOR DECISION CORAM: Branson J PLACE: Adelaide DATE: 31 October 1995 The applicant in this case ("the TPC") has given discovery by serving, and filing on 6 September 1995, an amended list of documents ("the list of documents"). The TPC contends that certain of the documents listed are privileged from production on the ground of legal professional privilege. The respondents contend that the documents which the TPC claims are privileged from production are not so privileged, or are not all so privileged. The respondents seek an order for the production for inspection by them of such of the documents for which privilege is claimed as are not in fact privileged from production.