Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v De Martin & Gasparini Pty Limited [2017] FCA 856 File number: NSD 1143 of 2017
Judge: WIGNEY J
Date of judgment: 25 July 2017
Catchwords: EVIDENCE – Legal Professional Privilege – evidence necessary to sustain claim of implied waiver of privilege
Legislation: Fair Work Act 2009 (Cth), s 342
Cases cited: Archer Capital 4A Pty Ltd as Trustee for the Archer Capital Trust 4A Pty Ltd v Sage Group PLC (No. 3) [2013] FCA 1160; (2013) 306 ALR 414 Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341 Council of the New South Wales Bar Association v Archer (2008) 72 NSWLR 236 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499 Grant v Downs (1976) 135 CLR 674 Hancock v Rinehart [2016] NSWSC 12 Kennedy v Wallace (2004) 142 FCR 185 National Crime Authority v S (1991) 29 FCR 203
Date of hearing: 24 July 2017
Registry: New South Wales
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: Mr S Crawshaw SC with Mr P Boncardo
Solicitor for the Applicant: CFMEU NSW
Counsel for the Respondents: Mr M S White SC with Mr Y Shariff
Solicitor for the Respondents: Herbert Smith Freehills
ORDERS NSD 1143 of 2017
BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION Applicant
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