Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Schulman v Abbott Tout Lawyers (No 2) [2010] FCA 526 Citation: Schulman v Abbott Tout Lawyers (No 2) [2010] FCA 526
Parties: FREDRICK SCHULMAN and JGS DOVER CORP v ABBOTT TOUT LAWYERS (A FIRM) T/AS ABBOTT TOUT SOLICITORS
File number: NSD 2351 of 2007
Judge: RARES J
Date of judgment: 17 May 2010
Catchwords: EVIDENCE – statutory interpretation – whether s 723 of the Legal Profession Act 2004 (NSW) prohibits use of copy letter – copy produced by author without objection and made available for inspection in answer to subpoena – original letter sent by author in the course of administration of the Act – offence to disclose information obtained in administration of Act – purpose of s 723 is to prevent a person disclosing information obtained in the administration of the Act – information obtained in the administration of the Act distinguished from information otherwise known to the parties or in the public domain Held: Use in cross-examination of copy letter produced by author on subpoena, inspected without objection, not a disclosure of information obtained in the administration of the Legal Profession Act 2004 (NSW) within the meaning of s 723.
Words and Phrases: "In the administration of this Act"
Legislation: Evidence Act 1995 (NSW) Income Tax and Social Services Contribution Assessment Act 1936 (Cth) s 16 Legal Profession Act 2004 (NSW) s 723
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