The University of Western Australia v Gray (No 14) [2007] FCA 410

FEDERAL COURT OF AUSTRALIA

The University of Western Australia v Gray (No 14) [2007] FCA 410

LEGAL PROFESSIONAL PRIVILEGE – waiver – reference to existence of legal advice prior to commencing action in affidavit filed in proceedings – reference to that advice not read in evidence – whether waiver of legal professional privilege through filing of affidavit – no waiver – plea of absence of malice in instituting proceedings – no implied waiver of legal professional privilege re pre-action advice THE UNIVERSITY OF WESTERN AUSTRALIA v BRUCE NATHANIEL GRAY, SIRTEX MEDICAL LIMITED and CANCER RESEARCH INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005) BRUCE NATHANIEL GRAY v UNIVERSITY OF WESTERN AUSTRALIA and 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 INSTITUTE INCORPORATED (REGISTERED NUMBER 1001005) WAD292 OF 2004

FRENCH J

20 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 (REGISTERED NUMBER 1001005)

Third Respondent

BRUCE NATHANIEL GRAY

First Cross-Claimant

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

Cross-Respondent to Second Cross-Claim

SIRTEX MEDICAL LIMITED (ACN 078 166 122)