Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The University of Western Australia v Gray (No 15) [2007] FCA 423 LEGAL PROFESSIONAL PRIVILEGE – waiver – whether knowing and voluntary disclosure of advice – whether conduct inconsistent with maintenance of confidentiality and privilege – answers by witness for applicant in cross examination – stated reliance upon legal advice in the forming of belief as to factual matters underpinning decision to commence proceeding – belief as to factual matters relevant to answers to defences of laches, acquiescence and Limitations Act defences – production ordered of redacted version of advice disclosing factual matters relied upon and inferences offered – legal opinions as to strength or weakness of causes of action, options and recommendations excluded. Limitation Act 1935 (WA) Evidence Act 1995 (Cth) s 122(2)
University of Western Australia v Gray (No 14) [2007] FCA 410 Austress v Marlin (2002) NSWSC 958 Abigroup v Akins (1997) 42 NSWLR 623; (1998) 43 NSWLR 539 Nilsen Industrial Electronics Pty Ltd v National Semi-Conductor Corporation (1994) 48 FCR 337 ACCC v Telstra Corporation Limited (2000) 96 FCR 317 State Bank of South Australia v Smoothdale (No 2) (1995) 53 FCR 125 Liberty Funding Pty Ltd v Phoenix Capital Limited (2005) 218 ALR 283 Mann v Carnell (1999) 201 CLR 1 at [28] and [29] Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1995) 37 NSWLR 405 Thomason v Campbelltown Municipal Council (1939) 39 SR ( NSW) 347 at [347] at 358-359 Benecke v National Australia Bank (1993) 35 NSWLR 109 Attorney-General for the Northern Territory v Maurice (1986) 161 CLR 475
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
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate