Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clarke v Dixie Cummings Enterprises Pty Ltd [2013] FCA 987 Citation: Clarke v Dixie Cummings Enterprises Pty Ltd [2013] FCA 987
Parties: SHARON CLARKE v DIXIE CUMMINGS ENTERPRISES PTY LTD (A.C.N. 006 530 749) AS TRUSTEE FOR THE DIXIE CUMMINGS ENTERPRISES UNIT TRUST
File number: VID 185 of 2013
Judge: JESSUP J
Date of judgment: 24 September 2013
Catchwords: PRACTICE AND PROCEDURE – application for review of decision of Registrar under s 35A of Federal Court of Australia Act 1976 (Cth) – privileged document mistakenly included in index of documents provided by respondent to applicant – claim of privilege by respondents upheld by Registrar – costs awarded against applicant – whether production of emails attached to privileged document sufficient to amount to waiver of privilege – whether respondent entitled to recover costs under s 570(2) of Fair Work Act 2009 (Cth)
Legislation: Fair Work Act 2009 (Cth), s 570. Federal Court of Australia Act 1976 (Cth), s 35A.
Cases cited: Commissioner of Taxation v Rio Tinto Ltd [2006] FCAFC 86 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499
Date of hearing: 24 September 2013
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 15
Counsel for the Applicant: Ms G Jardine
Solicitor for the Applicant: McDonald Murholme
Counsel for the Respondent: Ms C Serpell
Solicitor for the Respondent: Mason Sier Turnbull
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 185 of 2013
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