Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Quest South Perth Pty Ltd [2012] FCA 608 Citation: Fair Work Ombudsman v Quest South Perth Pty Ltd [2012] FCA 608
Parties: FAIR WORK OMBUDSMAN v QUEST SOUTH PERTH HOLDINGS PTY LTD ACN 109 989 531, CONTRACTING SOLUTIONS PTY LTD ACN 099 388 575, ASHVIN LUCHMAYA and PAUL KONSTEK
File number: WAD 185 of 2011
Judge: MCKERRACHER J
Date of judgment: 12 June 2012
Catchwords: PRIVILEGE – whether Court should inspect documents to determine validity of objection to production on grounds of client legal privilege – application of common law test for privilege in relation to discovery and inspection – whether documents were prepared in anticipation of reasonably contemplated litigation – whether litigation privilege was waived – whether there was a sufficient common interest between the party claiming privilege and the third party to whom the document was copied to attract common interest privilege
Legislation: Fair Work Act 2009 (Cth) s 712, 570 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Buttes Gas and Oil Co v Hammer (No 3) [1981] QB 223 Cadbury Schweppes Pty Ltd v Amcor Ltd (2008) 246 ALR 137 Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49 Farrow Mortgage Services Pty Ltd (In liq) v Webb (1996) 39 NSWLR 601 Pratt Holdings Pty Ltd v Federal Commissioner of Taxation (2004) 136 FCR 357 Public Transport Authority of Western Australia v Leighton Contractors Pty Ltd (2007) 242 ALR 181 State of New South Wales v Jackson [2007] NSWCA 279 Trade Practices Commission v Sterling (1979) 36 FLR 244
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