Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Arnold Bloch Leibler (A Firm) v Slater & Gordon Limited [2020] FCA 1496 File number: VID 54 of 2020
Judge: MIDDLETON J
Date of judgment: 16 October 2020
Catchwords: PRACTICE AND PROCEDURE – discovery – implied waiver of legal professional privilege – whether former client's past conduct in producing documents to a third party is inconsistent with the maintenance of confidentiality – where former client refused to grant consent to lawyer to use confidential information for defence of proceedings – where Court released parties in other proceedings from the implied undertaking not to use documents discovered to them or otherwise produced to the applicant in those proceedings to the extent necessary to enable the applicant to commence and prosecute certain permitted claims – whether use of confidential information would constitute a breach of obligation of confidence owed by lawyer to former client – whether right to obligation of confidence waived by reason of inconsistent conduct
Legislation: Australian Securities and Investment Commission Act 2001 (Cth) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Archer Capital 4A Pty Ltd as trustee for the Archer Capital Trust A4 v Sage Group plc (No 2) (2013) 306 ALR 384 Benecke v National Australia Bank (1993) 35 NSWLR 110 Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 28 CLR 305 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499 Duncan v Medical Practitioner's Disciplinary Committee [1986] 1 NZLR 513 Edwards v Santos Ltd (2011) 242 CLR 421 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303 Goldberg v Ng (1995) 185 CLR 83 Hall v Arnold Bloch Leibler (a firm) [2020] FCA 1495 Hearne v Street (2008) CLR 125 Lillicrap v Nalder & Son (a firm) [1993] 1 WLR 94; [1993] 1 All ER 724 Mann v Carnell (1999) 201 CLR 1 National Australia Bank Limited v Nautilus Insurance Pte (No 2) (2019) 377 ALR 627 New South Wales v Betfair Pty Ltd (2009) 180 FCR 543 Paragon Finance Plc v Freshfields [1999] All ER (D) 251 R v Derby Magistrates' Court Ex p B (1996) AC 487 R v Institute of Chartered Accountants of England and Wales Ex p. Brindle [1994] BCC 297 Richards v Kadian [2005] 64 NSWLR 204 Tournier v National Provincial and Union Bank of England [1924] 1 KB 461
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