Federal Court of Australia
FEDERAL COURT OF AUSTRALIA EVIDENCE – Evidence Act 1995 (Cth) – client legal privilege – motion seeking orders compelling discovery and production for inspection of records of advice given by counsel to applicants – implied consent to disclosure – confidential legal advice as factor influencing state of mind – whether production of documents reasonably necessary to enable proper understanding of communication or document. Evidence Act 1995 (Cth), ss 122, 126 Adelaide Steamship Co Ltd v Spalvins (1998) 152 ALR 418, cited Telstra Corporation Ltd v BT Australasia Pty Ltd, (Beaumont, Branson and Lehane JJ, 24 July 1998, unreported), applied Rhone-Poulenc Rorer Inc. v The Home Indemnity Company (1994) 32F 3d 851, cited
ANDREW HAMMER, JOSEPH HAMMER AND JOLAN FULOP v ANTHONY SUNMAN AND ROBERT FREDERICK BLANN NG 259 of 1996 LEHANE J 2 OCTOBER 1998 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 259 of 1996
BETWEEN: ANDREW HAMMER, JOSEPH HAMMER AND JOLAN FULOP
Applicants
AND: ANTHONY SUNMAN
First Respondent
ROBERT FREDERICK BLANN
Second Respondent
JUDGE: LEHANE J
DATE OF ORDER: 2 OCTOBER 1998
PLACE: SYDNEY
THE COURT ORDERS THAT: 1. The second respondent's motion is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 259 of 1996
BETWEEN: ANDREW HAMMER, JOSEPH HAMMER AND JOLAN FULOP
ApplicantS
AND: ANTHONY SUNMAN
First Respondent
ROBERT FREDERICK BLANN
Second Respondent
JUDGE: LEHANE J
DATE: 2 OCTOBER 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT This is a motion by which the second respondent to the application seeks against the applicants orders compelling discovery and production for inspection of certain records of advice given by counsel to the applicants (I shall continue to describe the parties by reference to their positions in the main proceeding rather than their roles on the motion).
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