Australian Unity Health Ltd v Private Health Insurance Administration Council [1999] FCA 1770

FEDERAL COURT OF AUSTRALIA

Australian Unity Health Ltd v Private Health Insurance Administration Council [1999] FCA 1770 DISCOVERY AND INTERROGATORIES – legal professional privilege - actual or implied waiver – use of legal advice by respondent in making the decision the subject of the proceeding – respondent referred to contents of legal advice in decision - where legal advice was a factor relied on by respondent - where legal advice supported respondent's policy – legal professional privilege not available when legal advice motivated decision‑maker. Federal Court Rules: O 15 r11

Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 40 NSWLR 12 followed Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 137 ALR 28 followed Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1995) 37 NSWLR 405 cited Thomason v Council of the Municipality of Campbelltown (1939) 39 SR NSW 347 cited AUSTRALIAN UNITY HEALTH LTD v PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL V 393 of 1999 GOLDBERG J 10 DECEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 393 of 1999

BETWEEN: AUSTRALIAN UNITY HEALTH LTD

(ACN 078 722 568)

Applicant

AND: PRIVATE HEALTH INSURANCE ADMINISTRATION COUNCIL

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 10 DECEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent produce to the applicant within seven days of this date for inspection pursuant to O 15 r11 of the Federal Court Rules the letter of advice referred to as being attached in the recommendation being exhibit GEG 10 to the affidavit of Gayle Elizabeth Ginnane sworn 29 October 1999. 2. The respondent pay the applicant's costs of the motion filed 6 December 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules