Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) (No 2) [2017] FCA 711 File number: NSD 1639 of 2007
Judge: NICHOLAS J
Date of judgment: 23 June 2017
Catchwords: PRIVILEGE – legal professional privilege – whether documents prepared for the dominant purpose of obtaining or providing legal advice – whether privilege waived by reason of disclosure of legal advice in discussions with representatives of the Commonwealth concerning copyright in consumer Product Information and Consumer Medicine Information documents for PBS listing pharmaceutical products
Cases cited: Apotex Pty Ltd v Sanofi Aventis Australia (2013) 253 CLR 284 AWB Ltd v Cole (2006) 152 FCR 382 Balabel v Air-India [1988] Ch 317 Bennett v Chief Executive Officer of Australian Customs Service (2004) 140 FCR 101 DSE (Holdings) Pty Ltd v InterTAN Inc (2003) 135 FCR 151 Mann v Carnell (1999) 201 CLR 1 Osland v Secretary, Department of Justice (2008) 234 CLR 275 Sanofi Aventis Australia Pty Ltd v Apotex Pty Ltd (No. 3) (2011) 196 FCR1 Sanofi Aventis Australia Pty Ltd v Apotex Pty Ltd [2010] FCA 601
Date of hearing: 19 June 2017
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