Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Domino's Pizza Enterprises Limited v Precision Tracking Pty Ltd (No 3) [2017] FCA 1063 File number: NSD 516 of 2016
Judge: GRIFFITHS J
Date of judgment: 6 September 2017
Catchwords: EVIDENCE – legal professional privilege – interlocutory applications relating to the disclosure and non-disclosure of certain documents produced during the course of discovery – whether documents are privileged – whether disclosure was inadvertent Held: documents are privileged – disclosure was inadvertent – no waiver
Legislation: Patents Act 1990 (Cth) s 200 Federal Court Rules 2011 (Cth) rr 20.17, 20.32, 20.35
Cases cited: Barnes v Commissioner of Taxation [2007] FCAFC 88; 242 ALR 601 College of Law Limited v Australian National University [2013] FCA 492 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46; 250 CLR 303 Guinness Peat Properties Ltd v Fitzroy Robinson Partnership [1987] 1 WLR 1027 Guy Carpenter & Company Pty Limited v Grove (No 3) [2011] FCA 1250 Hamersley Iron Pty Limited v Metal and Engineering Workers' Union – Western Australia [1998] WASC 289 Spalding v Radio Canberra Pty Ltd [2009] ACTSC 26; 166 ACTR 14
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