Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Merial, Inc. v Intervet International B.V. (No 2) [2016] FCA 1070 File number: VID 399 of 2015
Judge: MOSHINSKY J
Date of judgment: 2 September 2016
Catchwords: PRACTICE AND PROCEDURE – production of documents – legal professional privilege – waiver of privilege – disclosure of communications between party and prospective witness about the subject-matter of the proceeding – communications relied upon in support of application to amend and in particulars of grounds of appeal – whether inconsistency between that conduct and maintenance of confidentiality in respect of other communications between the party and the witness about same subject-matter
Legislation: Evidence Act 1995 (Cth), ss 122, 131A
Cases cited: Attorney-General for the Northern Territory v Maurice (1986) 161 CLR 475 British American Tobacco Australia Ltd v Secretary, Department of Health and Ageing (2011) 195 FCR 123 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303 Mann v Carnell (1999) 201 CLR 1 Osland v Secretary, Department of Justice (2008) 234 CLR 275
Date of hearing: 30 August 2016
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 21
Counsel for the Appellant: Mr C Dimitriadis SC with Ms C Cunliffe
Solicitor for the Appellant: Ashurst Australia
Counsel for the Respondent: Ms K Howard SC with Mr CH Smith
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