Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cantor v Audi Australia Pty Ltd [2016] FCA 1391 File numbers: NSD 1307 of 2015 NSD 1308 of 2015 NSD 1459 of 2015 NSD 1472 of 2015 NSD 1473 of 2015
Judge: BROMWICH J
Date of judgment: 22 November 2016
Catchwords: EVIDENCE – Legal Professional Privilege – application for access to legal advice – claim of legal professional privilege over advice – whether privilege attached to communication of legal advice by recipient to regulator in Germany – whether privilege attached to subsequent communications between recipient and German regulator which reproduced and referred to parts of legal advice – requirements of legal professional privilege – held: privilege attached to all communications – whether waiver of privilege occurred by provision to regulator in Germany – whether disclosure to regulator was in circumstances protecting confidentiality – whether recipient's conduct in Australian class action proceedings inconsistent with maintenance of privilege – held: no waiver as conduct maintained confidentiality and was not inconsistent with conduct in Australian proceedings
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