Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shea v TruEnergy Services Pty Ltd (No 5) [2013] FCA 937 Citation: Shea v TruEnergy Services Pty Ltd (No 5) [2013] FCA 937
Parties: KATE SHEA v ENERGYAUSTRALIA SERVICES PTY LTD
File number: VID 289 of 2012
Judge: DODDS-STREETON J
Date of judgment: 5 September 2013
Catchwords: PRACTICE AND PROCEDURE –– production sought during trial of draft expert reports and expert's correspondence with solicitors – whether client legal privilege subsisted and if so waived – relevant provisions of Evidence Act 1995 (Cth) and applicable legal principles – call for production too late – moreover, evidence indicated that documents had client legal privilege which was not waived
Legislation: Evidence Act 1995 (Cth) ss 4, 118, 119, 122 and 133 Fair Work Act 2009 ss 340(1) and 342(1)
Cases cited: Attorney-General (NT) v Maurice (1980) 161 CLR 475 Australian Securities and Investments Commission v Southcorp Ltd (2003) 16 ACSR 438; [2003] FCA 804 Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 7) [2008] FCA 323 Clifford v Vegas Enterprises Pty Ltd (No 3) [2010] FCA 287 Dingwall v Commonwealth of Australia (1992) 39 FCR 521 Linter Group Ltd v PriceWaterhouse [1999] VSC 245 Mann v Carnell (1999) 201 CLR 1 Matthews v SPI Electricity Pty Ltd [2013] VSC 33 New Cap Reinsurance Corporation Ltd (in liq) v Renaissance Reinsurance Ltd [2007] NSWSC 258 Traderight v Bank of Queensland Ltd (No 14) [2013] NSWSC 211
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