Comcare v Foster [2006] FCA 6

FEDERAL COURT OF AUSTRALIA

Comcare v Foster [2006] FCA 6 ADMINISTRATIVE LAW – application pursuant to section 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from the Administrative Appeals Tribunal – claims made under the Safety, Rehabilitation and Compensation Act 1988 (Cth) – application for access to documents under the Freedom of Information Act 1982 (Cth) – claims of exemption on the ground of legal professional privilege – sections 42 and 36 of the Freedom of Information Act – documents denied exemption before the Tribunal as purely procedural – only refer to information on the public record – documents comprising letters between Comcare and its external lawyers considered – surveillance videos considered – principles governing communications between lawyer and client for the dominant purpose of giving or obtaining legal advice for the provision of legal services including representation in legal proceedings considered. Administrative Appeals Tribunal Act 1975 (Cth), section 44 Freedom of Information Act 1982 (Cth), Part III, sections 32, 36, 37 and 42 Safety, Rehabilitation and Compensation Act 1988 (Cth), sections 59, 68, 69, 70 and 74 Trade Practices Act 1974 (Cth), section 50 Baker v Campbell (1983) 49 ALR 385 Waterford v Commonwealth of Australia (1987) 71 ALR 673 Grant v Downs (1976) 11 ALR 577) Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 Re Packer and Others v Deputy Commissioner of Taxation (1983) 53 ALR 589 Commissioner of Australian Federal Police v Propend Finance Pty Limited & Ors (1996 – 1997) 188 CLR 501 Attorney-General (NT) v Maurice (1986) 161 CLR 475 at 490 Carter v Northmore Hale Davy & Leake (1995) 183 CLR 121 at 161 Bropho v Western Australia (1990) 171 CLR 1 at 17-18 The Daniels Corporation International Pty Ltd & Anor v Australian Competition and Consumer Commission (2002) 213 CLR 543 J-Corp Ltd v Australian Builders Labourers Federated Union of Workers (Western Australian Branch) (1992) 38 FCR 452 Boyes v Colins (2000) 23 WAR 123