Telstra Corporation Limited v Minister for Communications, Information Technology and the Arts (No. 2) [2007] FCA 1445

FEDERAL COURT OF AUSTRALIA

Telstra Corporation Limited v Minister for Communications, Information Technology and the Arts (No. 2) [2007] FCA 1445

LEGAL PROFESSIONAL PRIVILEGE – obligation on the party claiming privilege to show that documents for which the claim is made are privileged – waiver of privilege – whether an applicant for relief under Order 15A r 6 of the Federal Court Rules puts privileged communications in issue when asserting lack of sufficient information to enable a decision to be made whether or not to commence a proceeding Federal Court Rules Order 15A rule 6 Three Rivers District Council v Governor and Company of the Bank of England (No 6) [2005] 1 AC 610 referred to Regina v Derby Magistrates' Court, Ex parte B [1996] 1 AC 487 referred to Esso Australia Resources Limited v Commissioner of Taxation of The Commonwealth of Australia (1999) 201 CLR 49 referred to Commissioner of Australian Federal Police v Propend Finance Pty Limited (1997) 188 CLR 501 referred to Mann v Carnell (1999) 201 CLR 1 referred to Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341 referred to National Crime Authority v S (1991) 29 FCR 203 at 211 referred to Hartogen Energy Limited (In liquidation) v The Australian Gas Light Company (1992) 36 FCR 557 referred to Re Compass Airlines Pty Ltd (1992) 35 FCR 447 referred to Grant v Downs (1976) 135 CLR 674 referred to Barnes v Commissioner of Taxation [2007] FCAFC 88 referred to Seven Network Limited v News Limited [2005] FCA 142 referred to Waterford v The Commonwealth of Australia (1987) 163 CLR 54 referred to DSE (Holdings) Pty Ltd v InterTAN Inc (2003) 135 FCR 151 referred to Alphapharm Pty Limited v Eli Lilly Australia Pty Limited [1996] FCA 391 referred to Leighton Contractors Pty Limited v Page Kirkland Management Pty Limited [2006] FCA 288 Benecke v National Australia Bank (1993) 35 NSWLR 110 referred to TELSTRA CORPORATION LIMITED v MINISTER FOR COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS NSD 1515 OF 2007