Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Blackrock Asset Management Australia Services Limited v Waked (No 2) [2011] FCA 479 Citation: Blackrock Asset Management Australia Services Limited v Waked (No 2) [2011] FCA 479
Parties: BLACKROCK ASSET MANAGEMENT AUSTRALIA SERVICES LIMITED ACN 060 129 133, BLACKROCK ASSET MANAGEMENT AUSTRALIA LIMITED ACN 001 804 566 and BLACKROCK INVESTMENT MANAGEMENT (AUSTRALIA) LIMITED ACN 006 165 975 v MORRY WAKED, NICHOLAS BURT, VINVA SERVICES PTY LIMITED ACN 006 165 975, ANDREW JACKSON and VINVA INVESTMENT MANAGEMENT LIMITED ACN 142 528 783
File number: NSD 66 of 2011
Judge: PERRAM J
Date of judgment: 5 May 2011
Catchwords: PRACTICE AND PROCEDURE – Legal professional privilege – application to access documents produced under subpoena over which a claim for privilege had been made – principles relevant to a claim for privilege – application of dominant purpose test – generalised evidence – insufficient specification of topics for a claim for privilege PRACTICE AND PROCEDURE – Subpoena – application to set aside parts of subpoena – relevance of material sought – subpoena set aside PRACTICE AND PROCEDURE – Discovery – application for further discovery – principles relevant to general discovery – Federal Court Rules O 15 r 2 PRACTICE AND PROCEDURE – Witness – application to take evidence by video link – requirement to make out a case for such an order to be made – discussion of difficulties associated with video link evidence
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