Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Conlan v Walker [2011] FCA 347 Citation: Conlan v Walker [2011] FCA 347
Parties: MARK ANTHONY CONLAN AS TRUSTEE OF THE BANKRUPT ESTATE OF DUNCAN ALLISTER WALKER and LINCOLN AGENCIES (WA) PTY LTD ACN 071 035 160 v BEVERLY CLARE WALKER AS TRUSTEE OF THE DUNCAN WALKER FAMILY TRUST; BEVERLY CLARE WALKER AS TRUSTEE OF THE DUNCAN WALKER FAMILY TRUST; MARK ANTHONY CONLAN
File number: WAD 67 of 2010
Judge: BARKER J
Date of judgment: 12 April 2011
Catchwords: EVIDENCE – Application to restrain use of documents - whether documents should be characterised as a without prejudice communication – whether documents are subject to legal professional privilege generally or under the Propend rule – whether without prejudice privilege inhering in certain documents has been waived – whether documents fall under exception to the rule in Propend
Legislation: Bankruptcy Act 1966 (Cth) s 30, ss 77, 120(1)Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Commissioner of Australian Federal Police v Propend Finance Pty Ltd [1997] HCA 3; (1997) 188 CLR 501Dalrymple Park Pty Ltd v Tabe & Lees Pty Ltd (unreported, Supreme Court of Tasmania, 5 December 1997)Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Oceanbulk Shipping and Trading SA v TMT Asia Ltd [2010] UKSC 44; (2010) 3 WLR 1424Yokogawa Australia Pty Ltd v Alstom Power Ltd [2009] SASC 377; (2009) 262 ALR 738
Date of hearing: 28 March 2011
Place: Perth
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