Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aveling v UBS Capital Markets Australia Holdings Ltd (No 2) [2005] FCA 1232
LEGAL PROFESSIONAL PRIVILEGE – waiver – waiver based on privilege-holder's having put his or her state of mind in issue – whether privilege-holder had put in issue the particular state of mind suggested – test of waiver of privilege. PRACTICE AND PROCEDURE – legal professional privilege – waiver – waiver based on privilege-holder's having put his or her state of mind in issue – whether privilege-holder had put in issue the particular state of mind suggested – test of waiver of privilege. EVIDENCE – legal professional privilege – waiver – waiver based on privilege-holder's having put his or her state of mind in issue – whether privilege-holder had put in issue the particular state of mind suggested – test of waiver of privilege.
Industrial Relations Act 1996 (NSW) ss 106, 108A
DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499 referred to Telstra Corporation Ltd v BT Australasia Pty Ltd (1998) 85 FCR 152 referred to Mann v Carnell (1999) 201 CLR 1 referred to Collins Debden Pty Ltd v Cumberland Stationery Pty Ltd [2005] FCA 1194 referred to Liquorland (Australia) Pty Ltd v Anghie (2003) 7 VR 27 cited Anderson v Holding Redlich & Ors [2003] VSC 303 cited ANTHONY AVELING v UBS CAPITAL MARKETS AUSTRALIA HOLDINGS LIMITED NSD 858 of 2003 LINDGREN J 5 SEPTEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 858 OF 2003
BETWEEN: ANTHONY AVELING
APPLICANT
AND: UBS CAPITAL MARKETS AUSTRALIA
HOLDINGS LIMITED
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 5 SEPTEMBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The respondent pay the applicant's costs of the respondent's motion brought by notice of motion filed on 12 August 2005 in so far as it seeks the orders referred to in paras 1 and 2 of the notice of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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