NSW Council for Civil Liberties Inc v Classification Review Board (No. 1) [2006] FCA 1409

FEDERAL COURT OF AUSTRALIA

NSW Council for Civil Liberties Inc v Classification Review Board (No. 1) [2006] FCA 1409

PROCEDURE – discovery and inspection of documents – legal professional privilege – where Review Board obtained and used legal advice – whether duty to accord procedural fairness precludes the creation of privilege which would otherwise attach – whether privilege waived by use of the advice in decision-making process – whether privilege waived by disclosure of advice within the Commonwealth or to Attorney-General Classification (Publications, Films and Computer Games) Act 1995 (Cth) Judiciary Act 1903 (Cth) ss 55ZF, 55ZH AWB Ltd v The Honourable Terence Rhoderic Hudson Cole (No. 5) [2006] FCA 1234applied Candacal Pty Ltd v Industry Research and Development Board(2005) 223 ALR 284 distinguished Carlos v Minister for Immigration & Multicultural Affairs (2001) 113 FCR 456 distinguished Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341 applied Mann v Carnell (1999) 201 CLR 1 applied Waterford v Commonwealth (1987) 163 CLR 54 applied Webb v Commissioner of Taxation (1993) 44 FCR 312 referred to NEW SOUTH WALES COUNCIL FOR CIVIL LIBERTIES INC v CLASSIFICATION REVIEW BOARD AND ATTORNEY-GENERAL (COMMONWEALTH) NSD 1485 OF 2006

EDMONDS J

3 NOVEMBER 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1485 OF 2006

BETWEEN: NEW SOUTH WALES COUNCIL FOR CIVIL LIBERTIES INC

Applicant

AND: CLASSIFICATION REVIEW BOARD

First Respondent

ATTORNEY-GENERAL (COMMONWEALTH)

Second Respondent

JUDGE: EDMONDS J

DATE OF ORDER: 3 NOVEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The motion, notice of which was filed on 20 September 2006, be dismissed. 2. Costs on the motion be reserved. 3. Each party have liberty to apply on three (3) days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.