BrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup Pty Limited [2017] FCA 590

FEDERAL COURT OF AUSTRALIA

BrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup Pty Limited [2017] FCA 590 File number: NSD 521 of 2014

Judge: LEE J

Date of judgment: 29 May 2017

Catchwords: EVIDENCE – legal professional privilege –whether the contents of otherwise privileged communication was put in issue and whether such an act is inconsistent with confidentiality – whether implied waiver established – waiver not established PRACTICE & PROCEDURE – application for production of documents made in the abstract – consideration of the principled approach to seeking orders for inspection of documents over which legal professional privilege claimed and in respect of which issue waiver is alleged

Cases cited: Archer Capital 4A Pty Limited v Sage Group plc (No 3) (2013) 306 ALR 414; [2013] FCA 1160 BrisConnections Finance Pty Limited (Receivers and Managers appointed) v Arup Pty Limited [2016] FCA 438 Cantor v Audi Australia Pty Ltd [2016] FCA 1391 Commissioner of Taxation v Rio Tinto Limited (2006) 151 FCR 341 Council of the New South Wales Bar Association v Archer (2008) 72 NSWLR 236 Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499 Hancock v Rinehart [2013] NSWSC 1978 Kimberley NZI Finance Ltd v Torero Pty Ltd (1989) ATPR (Digest) 46-054 Macquarie Bank Limited v Arup Pty Limited [2016] FCAFC 117 Mann v Carnell (1999) 201 CLR 1 Osland v Secretary, Department of Justice (2008) 234 CLR 275 The Queensland Local Government Superannuation Board v Allen [2016] QCA 325