Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dr Michael Van Thanh Quach v MLC Life Limited (No 2) [2019] FCA 1322 File number: ACD 18 of 2019
Judge: GRIFFITHS J
Date of judgment: 20 August 2019
Catchwords: PRACTICE AND PROCEDURE - claim for legal professional privilege over documents produced under subpoena – evidentiary material required to establish such a claim – circumstances in which the Court can inspect the documents – general principles concerning legal professional privilege – claims for privilege in respect of two documents upheld
Legislation: Insurance Contracts Act 1984 (Cth) Evidence Act 1995 (Cth)
Cases cited: Barnes v Commissioner of Taxation (Cth) [2007] FCAFC 88; 242 ALR 601 Commissioner of Australian Federal Police v Propend Finance Pty Ltd [1997] HCA 3; 188 CLR 501 Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia [1999] HCA 67; 201 CLR 49 Hancock v Rinehart (Privilege) [2016] NSWSC 12 Martin v Norton Rose Fulbright Australia [2019] FCA 1101 Quach v New South Wales Health Care Complaints Commission [2016] NSWCA 10 The Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49; 213 CLR 543 Trade Practices Commission v Sterling (1979) 36 FLR 244 Visy Industries Holdings Pty Ltd v Australian Competition and Consumer Commission [2007] FCAFC 147; 161 FCR 122
Date of hearing: 20 August 2019
Registry: Australian Capital Territory
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