Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited (No 2) [2020] FCA 1013 File number: QUD 445 of 2019
Judge: ALLSOP CJ
Date of judgment: 17 July 2020
Catchwords: EVIDENCE – legal professional privilege – waiver – whether privilege over certain documents waived by way of disclosure in prior correspondence – whether privilege over certain documents impliedly waived – no waiver found
Legislation: Federal Court Rules 2011 (Cth), rr 20.16, 20.17, 20.22
Cases cited: Adelaide Steamship Co Ltd v Spalvins [1998] FCA 144; 81 FCR 360 Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd [1996] NSWSC 7; 40 NSWLR 12 Bennett v Chief Executive Officer of the Australian Customs Service [2004] FCAFC 237; 140 FCR 101 Commissioner of Taxation v Rio Tinto Ltd [2006] FCAFC 86; 151 FCR 341 Council of the New South Wales Bar Association v Archer [2008] NSWCA 164; 72 NSWLR 236 Macquarie Bank Limited v Arup Pty Limited [2016] FCAFC 117 Mann v Carnell [1999] HCA 66; 201 CLR 1 Viterra Malt Pty Ltd v Cargill Australia Ltd [2018] VSCA 118; 58 VR 333
Date of hearing: 25 June 2020
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 43
Counsel for the Plaintiff: Mr S Couper QC with Mr S Seefeld
Solicitor for the Plaintiff: Australian Government Solicitor
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