Bennett v Chief Executive Officer of the Australian Customs Service [2003] FCA 53

FEDERAL COURT OF AUSTRALIA

Bennett v Chief Executive Officer of the Australian Customs Service [2003] FCA 53 ADMINISTRATIVE LAW – Appeal from Administrative Appeals Tribunal – Applicant requested documents pursuant to Freedom of Information Act 1982 (Cth) – respondent refused access to documents on the basis of legal professional privilege – respondent's legal advisors had written to applicant's legal advisors on issues relating to the legal proceedings between the parties – whether respondent waived legal professional privilege over documents – whether there were other grounds on which privilege was waived

Administrative Appeals Tribunal Act 1975 (Cth) Freedom of Information Act 1982 (Cth) Public Service Act – Code of Conduct Public Service Act 1922 (Cth)

Commissioner of AFP v Propend Finance Pty Ltd (1997) 188 CLR 501, referred to Grant v Downs (1976) 135 CLR 674, referred to Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 168 ALR 123, followed Commonwealth of Australia v Dutton (2000) 102 FCR 168, followed Re Colonial Mutual Life Assurance Society Ltd and Department of Resources and Energy (1987) 12 ALD 251, not followed Re Sullivan and Department of Industry, Science and Technology (1996)49 ALD 743, considered Waterford v The Commonwealth (1987) 163 CLR 54, referred to Waterford v Department of the Treasury (1985) 5 FCR 76, referred to Re Smith and Administrative Services Department (1993) 1 QAR 22, cited Re Clarkson and Attorney-General's Department (1990) 4 VAR 197 at 198, cited Mann v Carnell [1999] 201 CLR 1, followed Goldberg v Ng (1995) 185 CLR 83, referred to Attorney-General (NT) v Maurice (1986) 161 CLR 475, referred to SVI Systems Pty Ltd v Best & Less Pty Ltd [2000] FCA 1507, cited Allatech v Construction Management Group [2002] NSWSC 723, cited The Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49, followed Ainsworth v Wilding [1900] 2 Ch 315, referred to "Daily Express" (1908) (Limited) v Mountain (1916) 32 TLR 592 (CA), referred to Geraghty & Ors v Woodforth [1957] QWN 42, referred to R v Manchester Crown Court; Ex parte Rogers [1999] 1 WLR 832, referred to Packer v Deputy Commissioner of Taxation (Qld) [1985] 1 Qd R 275, cited Lake Cumberline Pty Ltd v Effem Foods Pty Ltd (1994) 126 ALR 58, cited Cook v Pasminco Pty Ltd (No. 2) (2000) 107 FCR 44, cited