Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Collins Debden Pty Ltd v Cumberland Stationery Co Pty Ltd [2005] FCA 1194
EVIDENCE – privilege – legal professional – party's solicitors retain private inquiry agent to purchase desk calendar refills – inquiry agent submits draft report to party's solicitors – whether solicitors' letter of instruction to the agent and draft of agent's report to the solicitors attracted legal professional privilege – whether privilege waived by reason of filing and service of agent's affidavit. PRACTICE AND PROCEDURE – privilege – legal professional – party's solicitors retain private inquiry agent to purchase desk calendar refills – inquiry agent submits draft report to party's solicitors – whether solicitors' letter of instruction to the agent and draft of agent's report to the solicitors attracted legal professional privilege – whether privilege waived by reason of filing and service of agent's affidavit. PRIVILEGE – legal professional – party's solicitors retain private inquiry agent to purchase desk calendar refills – inquiry agent submits draft report to party's solicitors – whether solicitors' letter of instruction to the agent and draft of agent's report to the solicitors attracted legal professional privilege – whether privilege waived by reason of filing and service of agent's affidavit.
Trade Practices Act 1974 (Cth) s 52 Evidence Act 1995 (Cth) ss 118 and 119
Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 applied
Mann v Carnell (1999) 201 CLR 1 applied
Seven Network Ltd v News Ltd [2005] FCAFC 125 cited
Australian Securities and Investment Commission v Southcorp Ltd (2003) 46 ACSR 438 cited
Attorney-General for the Northern Territory v Maurice (1986) 161 CLR 475 cited
COLLINS DEBDEN PTY LIMITED v
CUMBERLAND STATIONERY CO PTY LIMITED
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