Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stuart v Rabobank Australia Ltd [2017] FCA 284 File number: NSD 717 of 2015
Judge: ROBERTSON J
Date of judgment: 20 March 2017
Catchwords: EVIDENCE – legal professional privilege – whether waiver of privilege by operation of law – claim by first respondent for stay or dismissal of substantive proceedings on the basis that those substantive proceedings had been settled by agreement – whether waiver of legal professional privilege in applicants' communications with their lawyers by service of applicants' affidavits disclosing the terms of those communications – whether issue waiver where applicants' contention that there was no agreement to settle the substantive proceedings as alleged by the first respondent or no authority for their former lawyers to enter into such agreement
Legislation: Evidence Act 1995 (Cth) s 122
Cases cited: Australian Competition and Consumer Commission v Cadbury Schweppes Pty Ltd [2009] FCAFC 32; 174 FCR 547 Benecke v National Australia Bank (1993) 35 NSWLR 110 Cadbury Schweppes Pty Ltd v Amcor Ltd [2008] FCA 88; 246 ALR 137 Esso Australia Resources Ltd v Commissioner of Taxation [1999] HCA 67; 201 CLR 49 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; 218 ALR 283 Macquarie Bank Ltd v Arup Pty Ltd [2016] FCAFC 117 Mann v Carnell [1999] HCA 66; 201 CLR 1 Northern Territory v GPAO [1999] HCA 8; 196 CLR 553 State Bank of South Australia v Smoothdale (No 2) Ltd [1995] SASC 5478; 64 SASR 224 Seven Network Ltd v News Ltd [2005] FCA 915
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