Grundy, Arthur Henry & Anor v Lewis, John Bertram & Ors [1998] FCA 1537

FEDERAL COURT OF AUSTRALIA EVIDENCE - application for production of documents during trial - whether client legal privilege waived - whether disclosure of substance of legal advice - whether parties consented to disclosure for purposes of s122(1) of the Evidence Act 1995 (Cth) - whether party put in contest, by reason of pleaded cause of action, an issue incapable of fair resolution without reference to the relevant legal advice, if any, received by that party - whether documents used to revive memory of witness. Evidence Act 1995 (Cth) s34(1), s34(2), s122(1), 122(3), 122(4), 122(6) Federal Court Rules O15 r15 Hong Kong Bank of Australia Limited v Murphy (1993) 2 VR 419 Telstra Corporation Limited v BT Australasia Pty Ltd (Full Court of the Federal Court, unreported, 24 July 1998) Adelaide Steamship Co Limited v Spalvins (1998) 152 ALR 418 Akins v Abigroup Ltd (Court of Appeal NSW, 1 June 1998) Ampolex Limited v Perpetual Trustee Co Canberra Limited (1996) 137 ALR 28

ARTHUR HENRY GRUNDY AND RITA NELL GRUNDY v JOHN BERTRAM LEWIS, HEADSHIP PTY LTD, CHAMBERG PTY LTD, GRAEME ARTHUR SCHMIDT AND PETER THOMAS MAKER

QG 168 of 1993 COOPER J BRISBANE 14 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG168 of 1998

BETWEEN: ARTHUR HENRY GRUNDY AND RITA NELL GRUNDY

Applicants

AND: JOHN BERTRAM LEWIS

First Respondent

HEADSHIP PTY LTD

Second Respondent

CHAMBERG PTY LTD

Third Respondent

GRAEME ARTHUR SCHMIDT AND PETER THOMAS MAKER

Fourth Respondent

JUDGE: COOPER J

DATE OF ORDER: 14/09/98

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application for production of documents is refused. 2. Mr Arthur Grundy may not be cross-examined as to the contents of the barrister's opinion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.