Wyman on behalf of the Bidjara People v State of Queensland [2012] FCA 397

FEDERAL COURT OF AUSTRALIA

Wyman on behalf of the Bidjara People v State of Queensland [2012] FCA 397 Citation: Wyman on behalf of the Bidjara People v State of Queensland [2012] FCA 397

Parties: BRENDAN WYMAN & ORS ON BEHALF OF THE BIDJARA PEOPLE v STATE OF QUEENSLAND

File number: QUD 216 of 2008

Judge: REEVES J

Date of judgment: 19 April 2012

Catchwords: NATIVE TITLE – application for interlocutory injunction – first leg of application to restrain respondent claim group from obtaining contents of anthropological report subject to legal professional privilege – respondent claim group not intending to obtain that anthropological report but to engage the reporting anthropologist as an expert and to produce a 'fresh' report – first leg of application not made out NATIVE TITLE – application for interlocutory injunction – second leg of application to restrain respondent claim group from obtaining and using any confidential information derived by the applicant's former solicitors and an anthropologist engaged by them in relation to the applicant's funding application – confidential information communicated for the dominant purpose of conducting proceedings protected by legal professional privilege – communication of confidential communication in good faith on the condition it was kept confidential is protected as confidential information – not all information obtained by the anthropologist in question was protected – second leg of application not made out INJUCTIONS – application for interlocutory injunction on broad terms – some material concerned in the application the subject matter of existing orders – absence of evidence that existing orders had been or would be breached – inappropriate to make ambiguous, imprecise and uncertain orders – application dismissed