Maritime Union of Australia & Ors v Patrick Stevedores No.1 Pty Ltd (under administration) & Ors (No.3) [1998] FCA 695

FEDERAL COURT OF AUSTRALIA

EVIDENCE - Client legal privilege - Whether client legal privilege attaches to specific documents produced pursuant to a subpoena - Whether documents were prepared for the dominant purpose of obtaining legal advice - Whether privilege waived by alleged disclosure of contents of documents - Whether the documents were prepared in furtherance of the commission of an offence or act that renders a person liable to a civil penalty Evidence Act 1995 (Cth) In the matter of Moage Ltd (in liq); John Sheahan v Robert Pitterino (Mansfield J, Federal Court of Australia, 9 March 1998, unreported) MARITIME UNION OF AUSTRALIA and Others v PATRICK STEVEDORES NO.1 PTY Ltd (under administration) VG 152 of 1998 MARITIME UNION OF AUSTRALIA and Others v BUTTERELL and Another VG 3124 of 1998 JUDGE: NORTH J PLACE: MELBOURNE DATE: 16 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 152 of 1998

BETWEEN MARITIME UNION OF AUSTRALIA

First Applicant

PETER BREUKERS, JAKE HAUB and KIERAN COYLE

Second Applicant

AND: PATRICK STEVEDORES NO. 1 PTY LTD (under administration) (ACN 003 621 645)

First Respondent

OTHER RESPONDENTS (as per the Schedule of Parties)

and vg 3124 of 1998

between: maritime union of australia, kieran coyle, peter breukers AND jake haub

applicants

and: arthur william butterell AND

peter raymond brook

respondents

JUDGE(S): NORTH J

DATE OF ORDER: 16 JUNE 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application is adjourned to allow the parties to bring in short minutes of the orders necessary to reflect the conclusions in this decision.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.