Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investments Commission v Southcorp Limited [2003] FCA 804
PRACTICE AND PROCEDURE – legal professional privilege – expert witness retained to provide report for use in anticipated litigation – expert's notes of things said by solicitors and counsel in relation to expert's draft report – counsel's annotations on a draft of the report – draft reports themselves – correspondence between solicitors and expert.
Corporations Act 2001 (Cth)
Esso Australia Resources Ltd v Commission of Taxation (1999) 201 CLR 49 cited Mann v Carnell (1999) 201 CLR 1 cited Wheeler v Le Marchant (1881) 17 ChD 675 cited Trade Practices Commission v Sterling (1979) 36 FLR 244 cited Interchase Corporation Ltd (in liq) v Grosvenor Hill (Queensland) Pty Ltd (No 1) [1999] 1 Qd R 141 cited Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 cited Spassked Pty Ltd v Commissioner of Taxation (No 4) (2002) 50 ATR 70 cited Attorney-General (NT) v Maurice (1986) 161 CLR 475 cited Goldberg v Ng (1995) 185 CLR 83 cited Instant Colour Pty Ltd v Canon Australia Pty Ltd [1995] FCA 870 cited Australian Competition and Consumer Commission v Lux Pty Ltd [2003] FCA 89 cited Dingwall v Commonwealth of Australia (1992) 39 FCR 521 cited Tirango Nominees Pty Ltd v Dairy Vale Foods Ltd (No 2) (1998) 83 FCR 397 cited
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v
SOUTHCORP LIMITED (ACN 007 722 643) N 3010 OF 2003 LINDGREN J SYDNEY 1 AUGUST 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 3010 OF 2003
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
PLAINTIFF
AND: SOUTHCORP LIMITED (ACN 007 722 643)
DEFENDANT
JUDGE: LINDGREN J
DATE OF ORDER: 1 AUGUST 2003
WHERE MADE: SYDNEY
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