Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Herron v HarperCollins Publishers Australia Pty Ltd [2020] FCA 805 File numbers: NSD 1620 of 2017 NSD 1621 of 2017
Judge: JAGOT J
Date of judgment: 3 June 2020
Catchwords: PRACTICE AND PROCEDURE – documents produced under compulsion at Royal Commission – whether documents protected under ss 118 and 119 of the Evidence Act 1995 (Cth) – whether documents were created for dominant purpose of provision of legal advice – whether documents were protected by s 17(2) of Royal Commissions Act 1923 (NSW) – discussion of scope of s 17(2) of Royal Commissions Act 1923 (NSW)
Legislation: Evidence Act 1995 (Cth) Royal Commissions Act 1902 (Cth) Royal Commissions Act 1923 (NSW)
Cases cited: Australian Securities and Investment Commission v Rich & Anor [2006] NSWSC 643; (2006) 201 FLR 207 Feldman v Nationwide News Pty Limited & Ors [2018] NSWSC 715; (2018) NSWSC 715 Hart v Herron, unreported jury trial before Fisher J, Supreme Court proceeding 12781 of 1979 Hartmann v Commissioner of Police (1997) 91 A Crim R 141 Hatfield v TCN Channel Nine Proprietary Limited [2010] NSWCA 69; (2010) 77 NSWLR 506 Herron v McGregor (1986) 6 NSWLR 246 Hood v R (1997) 91 A Crim R 526 R v Bayeh [1999] NSWCCA 82 Smith and Anor v The Queen [2007] WASCA 163; (2007) 213 FLR 12 Sorby v The Commonwealth [1983] HCA 10; (1983) 152 CLR 281
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