Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2020] FCA 1277 File number(s): VID 1170 of 2019
Judgment of: O'CALLAGHAN J
Date of judgment: 4 September 2020
Catchwords: PRIVILEGE – application for ruling under s 192A(b) of the Evidence Act 1995 (Cth) – whether s 118 of that Act prevents plaintiff from adducing document at trial – document previously produced to plaintiff by defendant in response to notices under s 33 of the Australian Securities and Investments Commission Act 2001 (Cth) EVIDENCE – whether dominant purpose of providing legal advice proven – persons involved in creation of relevant document not called to give evidence – evidence in support of privilege given by solicitor retained after creation of relevant document
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 33 Corporations Act 2001 (Cth) ss 916A, 961B, 961G, 961H, 961J, 961L Evidence Act 1995 (Cth) ss 118, 122, 122(2), 122(3)(a), 192A, 192A(b) Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Ltd (No 4) [2014] FCA 796 Attorney-General (NSW) v Melco Resorts & Entertainment Ltd [2020] NSWCA 40 Australian Securities and Investments Commission, in the matter of Whitebox Trading Pty Ltd v Whitebox Trading Pty Ltd [2017] FCA 324 Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303 Friday v Minister for Primary Industry and Resources [2020] FCA 984 Hancock v Rinehart (Privilege) [2016] NSWSC 12 Martin v Norton Rose Fulbright Australia [2019] FCA 1101 Perry v Powercor Australia Ltd [2011] VSC 308 Powercor Australia Ltd v Perry (2011) 33 VR 548 Seven Network Ltd v News Ltd [2005] FCA 142 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2008] NSWSC 1070 Quach v MLC Life Ltd (No 2) [2019] FCA 1322
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