Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 6) [2009] FCA 1363 PRACTICE AND PROCEDURE - Application for leave to inspect documents produced under subpoena directed to expert witnesses - Claim for legal professional privilege - Whether claim engaged with a known category of legal professional privilege - Whether privilege should be regarded as waived in terms of current Court practice and procedure - Held no claim for legal professional privilege - Held leave to inspect documents granted Evidence Act 1995 (Cth) ss 118, 119
Interchase Corporation Limited (In Liquidation) v Grosvenor Hill Queensland Proprietary Limited (No 1) (1999) 1 QR 141 cited Granitgard Pty Ltd v Termicide Pest Control Pty Ltd (No 2) [2008] FCA 1451 considered WIDE BAY CONSERVATION COUNCIL INC v BURNETT WATER PTY LTD ACN 097 206 614
QUD 319 of 2008
LOGAN J
16 NOVEMBER 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION QUD 319 of 2008
BETWEEN: WIDE BAY CONSERVATION COUNCIL INC
Applicant
AND: BURNETT WATER PTY LTD ACN 097 206 614
Respondent
JUDGE: LOGAN J
DATE OF ORDER: 16 NOVEMBER 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Leave is granted to Burnett Water Pty Ltd to inspect documents which comprise Part 2 of Schedule 1 of the list which is now exhibit 80. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION QUD 319 of 2008
BETWEEN: WIDE BAY CONSERVATION COUNCIL INC
Applicant
AND: BURNETT WATER PTY LTD ACN 097 206 614
Respondent
JUDGE: LOGAN J
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