Federal Court of Australia
Federal Court of Australia
Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Ltd [2021] FCA 511 File number: NSD 1316 of 2020
Judgment of: WHITE J
Date of judgment: 14 May 2021
Catchwords: PRIVILEGE – objection to the inspection of subpoenaed material on the basis of legal professional privilege – grant of immunity from civil and criminal action related to disclosed cartel conduct on the condition of full and frank disclosure under the immunity policies of the Australian Competition and Consumer Commission and the Commonwealth Director of Public Prosecutions – whether material brought into existence for the purpose of obtaining legal advice in seeking and obtaining the immunities is privileged. PRIVILEGE – implied waiver – whether the objector waived its privilege by its actions in seeking and obtaining the immunities or by its partial disclosure of the privileged material – objection overruled in relation to the greater part of the subpoenaed documents.
Legislation: Competition and Consumer Act 2010 (Cth) ss 44ZZRF and 44ZZRG (repealed), 45 Director of Public Prosecutions Act 1983 (Cth) s 9 Federal Court of Australia Act 1976 (Cth) s 23HE Income Tax Assessment Act 1936 (Cth) Federal Court (Criminal Proceedings) Rules 2016 (Cth) r 8.13(1) Criminal Procedure Act 1986 (NSW) s 82
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