Shea v TruEnergy Services Pty Ltd (No 4) [2013] FCA 936

FEDERAL COURT OF AUSTRALIA

Shea v TruEnergy Services Pty Ltd (No 4) [2013] FCA 936 Citation: Shea v TruEnergy Services Pty Ltd (No 4) [2013] FCA 936

Parties: KATE SHEA v ENERGYAUSTRALIA SERVICES PTY LTD

File number: VID 289 of 2012

Judge: DODDS-STREETON J

Date of judgment: 4 September 2013

Catchwords: PRACTICE AND PROCEDURE – applicant challenged respondent's claim of legal professional or client legal privilege in blanked out sections of a memorandum prepared by respondent's former solicitors – applicant sought that Court inspect the blanked out sections to determine whether they contained legal advice properly the subject of privilege and, if so, whether such privilege had been lost pursuant to s 125 of the Evidence Act (1995) (Cth) ("the Evidence Act") – challenge to privilege made too late, where it was claimed by respondent since March 2013 – no cogent basis on which to allege privilege had been improperly claimed or was lost pursuant to s 125 of the Evidence Act

Legislation: Evidence Act (1995) (Cth) s 125 Fair Work Act 2009 ss 340(1) and 342(1)

Date of hearing: 4 September 2013

Date of last submissions: 4 September 2013

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 17

Counsel for the Applicant: Mr C Gunst QC with Mr R Millar

Solicitor for the Applicant: KR Legal

Counsel for the Respondent: Mr J Bourke SC with Mr P O'Grady

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 289 of 2012

BETWEEN: KATE SHEA

Applicant

AND: ENERGYAUSTRALIA SERVICES PTY LTD