The University of Western Australia v Gray (No 12) [2007] FCA 396

FEDERAL COURT OF AUSTRALIA

The University of Western Australia v Gray (No 12) [2007] FCA 396

LEGAL PROFESSIONAL PRIVILEGE – common interest privilege – correspondence between solicitors for party and solicitors for non-party – non-party commencing separate proceedings against parties being sued by applicant in current proceedings – non-party's action adverse to interests of applicant – common interest privilege claim – insufficient common interest to support privilege claim – full copies of documents to be produced Evidence Act 1995 (Cth) s 122

Cross on Evidence (7th Australian Edition) THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED (ACN 078 166 122), CANCER RESEARCH INSTITUTE INCORPORATED (REG NO 1001005) BRUCE NATHANIEL GRAY v THE UNIVERSITY OF WESTERN AUSTRALIA, YAN CHEN, SIRTEX MEDICAL LIMITED (ACN 078 166 122) v THE UNIVERSITY OF WESTERN AUSTRALIA SIRTEX MEDICAL LIMITED (ACN 078 166 122) v BRUCE NATHANIEL GRAY and CANCER RESEARCH INSTITUTED INCORPORATED (REGISTERED NUMBER 1001005) WAD292 OF 2004

FRENCH J

19 MARCH 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD292 OF 2004

BETWEEN: THE UNIVERSITY OF WESTERN AUSTRALIA

Applicant

AND: BRUCE NATHANIEL GRAY

First Respondent

SIRTEX MEDICAL LIMITED (ACN 078 166 122)

Second Respondent

CANCER RESEARCH INSTITUTE INCORPORATED

(REG NO 1001005)

Third Respondent

BRUCE NATHANIEL GRAY

First Cross-Claimant

THE UNIVERSITY OF WESTERN AUSTRALIA

First Cross-Respondent to First Cross-Claim

YAN CHEN

Second Cross-Respondent to First Cross-Claim

SIRTEX MEDICAL LIMITED (ACN 078 166 122)

Second Cross-Claimant

THE UNIVERSITY OF WESTERN AUSTRALIA