Muldoon v Australian Securities and Investments Commission [2005] FCA 1432

FEDERAL COURT OF AUSTRALIA

Muldoon v Australian Securities and Investments Commission [2005] FCA 1432 PUBLIC INTEREST IMMUNITY – Application of doctrine to documents referable to an investigation into the affairs of a listed public company where the conduct of the investigator is under challenge and production of the documents is in the interests of the due administration of justice LEGAL PROFESSIONAL PRIVILEGE – Application of principles to a note made by the Project Manger of an investigation who happens to be a lawyer

Evidence Act 1995 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) Companies Act 1989 (UK) Corporations Act 2001 Mutual Assistance In Criminal Matters Act 1987 (Cth) Mutual Assistance in Criminal Matters (United Kingdom) Regulations 1999 (Cth) Zarro v Australian Securities Commission (1992) 36 FCR 40 Sankey v Whitlam (1978) 142 CLR 1 Seven Network Limited v News Limited [2005] FCA 864 Seven Network Limited v News Limited [2005] FCA 1342 Kennedy v Wallace (2004) 213 ALR 108 MULDOON & ORS v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION NSD 1545 OF 2005 GRAHAM J 11 OCTOBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1545 OF 2005

BETWEEN: ASHLEY MULDOON

FIRST APPLICANT

CHRISTOPHER ONG

SECOND APPLICANT

PETER GALLAGHER

THIRD APPLICANT

AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 11 OCTOBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Respondent produce for inspection by the Applicants:- (a) An edited copy of the document identified by the Respondent as Document Number M00949076, copied so as to ensure that there is no deletion of any part of the text as a result of the copying process, but masked so as to preclude from view the fourth to eighth last lines inclusive appearing on the right hand side of page 1 thereof; (b) An edited copy of the document identified by the Respondent as Document Number M00949091 but masked so as to preclude from view the last word on the second line appearing against the word "witnesses"; (c) A copy of the document identified by the Respondent as Document Number M00949082; (d) An edited copy of the document identified by the Respondent as Document Number M00949083 but masked so as to preclude from view the second major heading on the second page thereof and the five lines appearing thereunder; (e) A copy of the document identified by the Respondent as Document number M00949084; (f) A copy of the document identified by the Respondent as Document Number M00949085. 2. I reserve the costs of the Motion and direct the parties to file written submissions thereon by 4.30 pm on Friday 14 October 2005. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.