Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission, in the matter of Whitebox Trading Pty Ltd v Whitebox Trading Pty Ltd [2017] FCA 324 File number: NSD 383 of 2016
Judge: GLEESON J
Date of judgment: 30 March 2017
Catchwords: PRACTICE AND PROCEDURE – application for advance ruling under s 192A of the Evidence Act 1995 (Cth) that documents are not prevented from being adduced as evidence by ss 118 or 119 – whether appropriate to exercise discretion to make ruling under s 192A of the Evidence Act – whether documents created for the dominant purpose of the client obtaining legal advice or legal services in respect of anticipated legal proceedings – documents not prevented from being adduced by ss 118 or 119 of the Evidence Act – application granted
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: NA & J Investments Pty Ltd v Minister Administering Water Management Act 2000 (No 4) [2012] NSWLEC 120 ACCC v Allphones Retail Pty Ltd (No 3) [2009] FCA 1075; (2009) 259 ALR 541 Adam v The Queen [2001] HCA 57; (2001) 207 CLR 96 AWB Ltd v Cole (No 5) [2006] FCA 1234; (2006) 155 FCR 30 Bailey v Director-General, Department of Natural Resources [2013] NSWSC 515 Beslic v MLC Ltd [2015] NSWSC 908 Esso Australia Resources Ltd v Federal Commissioner of Taxation [1999] HCA 67; (1999) 201 CLR 49 Farrow Mortgage Services Pty Ltd (in liq) v Webb (1996) 39 NSWLR 601 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2012] FCA 185; (2012) 127 ALD 288 Grant v Downs [1976] FCA 63; (1976) 135 CLR 674 Lambert Leasing Inc v QBE Insurance Australia Ltd [2012] NSWSC 953 Marshall v Prescott [2013] NSWCA 152 Network Ten Ltd v Capital Television Holdings Ltd (1995) 36 NSWLR 275 Sparnon v Apand Pty Ltd (1996) 68 FCR 322 Sydney Airports Corporation Ltd v Singapore Airlines Ltd & Qantas Airways Ltd [2005] NSWCA 47 TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124 Trusted Cloud Pty Limited v Core Desktop Pty Limited [2015] FCA 33
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