Okewood Pty Ltd v Commissioner of the Australian Federal Police (No 3) [2021] FCA 2

Federal Court of Australia

Okewood Pty Ltd v Commissioner of the Australian Federal Police (No 3) [2021] FCA 2 File number: WAD 97 of 2013

Judgment of: BANKS-SMITH J

Date of judgment: 15 January 2021

Catchwords: PRIVILEGE - legal professional privilege - search warrants - where hard copy documents and data seized in 2012 and 2014 - where data reduction process implemented to reduce volume of data to be reviewed for privilege - where applicants contend respondent's agents and others may have breached terms of access agreements and breached orders prescribing data reduction process - where applicants contend privileged content may have been accessed - where respondent denies claims of breach and denies access to privileged documents - where dispute as to claims of breach not determined - documents and data the subject of claims for privilege subsequently identified - documents and data where no privilege claim applies also identified - where applicants seek injunctive or other relief to prevent access by nominated persons to non-privileged documents and data - whether appropriate to prevent access to non-privileged documents CASE MANAGEMENT - where documents seized under warrants rather than produced under discovery or other procedural powers - whether appropriate to exercise case management powers to restrict access EQUITY - whether equitable relief should be granted to limit access to non-confidential information - whether justified to protect from possibility of any misuse of privileged information