Brown v Forestry Tasmania (No 3) [2006] FCA 469

FEDERAL COURT OF AUSTRALIA

Brown v Forestry Tasmania (No 3) [2006] FCA 469 PRACTICE AND PROCEDURE – privilege – legal professional – documents referred to in evidence – call for production during cross-examination – documents not communication between a lawyer and client but between two witnesses to assist each other in preparation of their witness statements –whether privilege at common law or under the Evidence Act 1995 (Cth) – whether imputed waiver of privilege by reason of intentional disclosure of other like communications PRIVILEGE – legal professional – documents referred to in evidence – call for production during cross-examination – documents not communication between a lawyer and client but between two witnesses to assist each other in preparation of their witness statements –whether privilege at common law or under the Evidence Act 1995 (Cth) – whether imputed waiver of privilege by reason of intentional disclosure of other like communications EVIDENCE – privilege – legal professional – documents referred to in evidence – call for production during cross-examination – documents not communication between a lawyer and client but between two witnesses to assist each other in preparation of their witness statements –whether privilege at common law or under the Evidence Act 1995 (Cth) – whether imputed waiver of privilege by reason of intentional disclosure of other like communications Environmental Protection and Biodiversity Conservation Act 1999 (Cth) Evidence Act 1995 (Cth) ss 118 and 119 Federal Court of Australia Act 1976 (Cth) s 59 Federal Court Rules 1979 (Cth) O 33 rr 11(5) and 13 The Daniels Corporation International Pty Ltd and Another v Australian Competition and Consumer Commission (2002) 213 CLR 543, referred to

Mann v Carnell (1999) 201 CLR 1, referred to