Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Krok v Commissioner of Taxation [2015] FCA 51 Citation: Krok v Commissioner of Taxation [2015] FCA 51
Parties: MARK KROK v COMMISSIONER OF TAXATION
File numbers: NSD 572 of 2013 NSD 459 of 2014
Judge: WIGNEY J
Date of judgment: 6 February 2015
Catchwords: PRACTICE AND PROCEDURE – claim of legal professional privilege for discoverable documents – whether legal professional privilege has been impliedly waived by reason of partial disclosure of legal advice – relevant principles of implied waiver
Legislation: Income Tax Assessment Act 1936 (Cth) Taxation Administration Act 1953 (Cth)
Cases cited: British American Tobacco Australia Ltd v Secretary, Department of Health and Ageing (2011) 195 FCR 123 College of Law Limited v Australian National University [2013] FCA 492 Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499 Mann v Carnell (1999) 201 CLR 1 Nine Films and Television Pty Ltd v Ninox Television Ltd (2005) 65 IPR 442 Osland v Secretary, Department of Justice (2008) 234 CLR 275 Secretary, Department of Justice v Osland (2007) 26 VAR 425
Date of hearing: 18 December 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 43
Counsel for the Applicant: J Hmelnitsky SC with P Jammy
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