Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oztech Pty Ltd v Public Trustee of Queensland (No 8) [2016] FCA 712 File number: NSD 937 of 2014
Judge: PERRY J
Date of judgment: 16 June 2016
Catchwords: EVIDENCE – client legal privilege – whether waiver is to be implied from allegedly inconsistent conduct – where respondent produces evidence in the course of discovery of statements by counsel for a former employee of the respondent of his understanding of the content of the legal advices – where privilege was not the former employee's to waive – where not appropriate to infer whether description of legal advice accurate – application for production of privileged documents dismissed.
Legislation: Federal Court of Australia Act 1976 (Cth) Evidence Act 1995 (Cth)
Cases cited: Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 28 CLR 305 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46; (2013) 250 CLR 303 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Osland v Secretary, Department of Justice [2008] HCA 37; (2008) 234 CLR 275 Oztech Pty Ltd v Public Trustee of Queensland [2015] FCA 1010 Oztech Pty Ltd v The Public Trustee of Queensland (No 5) [2016] FCA 333
Date of hearing: 9 June 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
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