Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SQMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 241
PRACTICE AND PROCEDURE – legal professional privilege – whether implied waiver of privilege – where grounds of appeal put certain communications between the applicants and their former solicitor in issue – where no express waiver of privilege – privilege impliedly waived.
Esso Australia Resources Ltd v Commissioner of Taxation of the Commonwealth of Australia (1999) 201 CLR 49 cited Mann v Carnell (1999) 201 CLR 1 discussed Benecke v National Australia Bank (1993) 35 NSWLR 110 cited Attorney-General for the Northern Territory v Maurice and others (1986) 161 CLR 475 discussed Standard Chartered Bank of Australia Ltd v Antico (1993) 36 NSWLR 87 explained Bayliss v Cassidy (No 2) (2000) 1 Qd R 464 cited Queensland Law Society Incorporated v Abietz (2000) 1 Qd R 621 cited Buttes Gas and Oil Co and Anor v Hammer and Anor (No 3) [1981] Q.B. 223 referred to Torcasia Development Pty Ltd v County Park Developments Pty Ltd and CC Brown (unreported, Supreme Court of Victoria, Byrne J, 3 September 1991) referred to Hongkong Bank of Australia Ltd v Murphy [1992] 2 VR 419 cited Pickering and Ors v Edmunds and Ors (1994) 63 SASR 357 cited Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1995) 37 NSWLR 405 cited SQMB AND SQNB v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S 823 of 2003 LANDER J 16 MARCH 2004 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 823 OF 2003
BETWEEN: SQMB and SQNB
APPLICANTS
AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 16 MARCH 2004
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. Counsel for the respondent have leave to inspect that part of the file produced to the Court by the applicants' former solicitor on 17 February 2004 pursuant to subpoena, which was created on or after 8 September 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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