Saunders, Brian v Commissioner of the Australian Federal Police [1998] FCA 1652

FEDERAL COURT OF AUSTRALIA SEARCH WARRANT Ð legal professional privilege Ð seizure of documents Ð whether privilege lost if not claimed at time of seizure Ð waiver Ð express and implied Ð extent of privilege Ð notes and working papers for client prepared by client in contemplation of legal advice Ð notes not delivered to legal adviser Ð notes covering information unnecessary or irrelevant to advice sought. Crimes Act 1914 (Cth) Greenough v Gaskell (1833) 1 My & K 98, cited Grant v Downes (1976) 135 CLR 374, cited OÕReilly v Commissioners of State Bank of Victoria 1983) 153 CLR 1,cited Allen Allen & Hemsley v DCT (NSW) (1989) 86 ALR 597, cited Dalleagles Pty Ltd v Australian Securities Commission (1991) 4 WAR 325, discussed Baker v Campbell (1983) 153 CLR 52, cited Re Arno Ex parte Forsyth (1985) 9 FCR 557, cited Meltend Pty Ltd v Resotration Clinics of Australia Pty Ltd (1997) 145 ALR 391, cited Attorney-General (NT) v Maurice (1996) 161 CLR 475, cited Goldberg v Ng (1995) 132 ALR 57, cited BRIAN SAUNDERS v COMMISSIONER AUSTRALIAN FEDERAL POLICE WAG 59 OF 1997 FRENCH J PERTH 15 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 59 of 1997

BETWEEN: BRIAN SAUNDERS

Applicant

AND: COMMISSIONER AUSTRALIAN FEDERAL POLICE

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 15 DECEMBER 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. It is hereby declared that the documents designated S1 to S17, S11 to S34, S40 and S41, S43 to S47, S79, S85 to S96, S169 to S174, S184 to S187, S189 to S191, S222 to S223, S227 to S233 and LE(1)(6) to LE(1) to (9) are the subject of legal professional privilege. 2. Liberty to the parties to apply for consequential orders including orders as to costs within forty eight hours.