Federal Court of Australia
Federal Court of Australia
Roberts-Smith v Fairfax Media Publications Pty Limited (No 32) [2022] FCA 419 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018
Judgment of: ABRAHAM J
Date of judgment: 22 April 2022
Catchwords: PRACTICE AND PROCEDURE – application to produce and for leave to inspect, uplift and copy documents – legal professional privilege – whether the documents are not protected by privilege because they were made in the furtherance of a fraud – where the respondents allege certain witnesses to be called by the applicant colluded in respect to aspects of their evidence to be given at trial – whether the respondents have relied on admissible evidence capable of establishing a prima facie case of fraud – consideration of the status of outlines of evidence in defamation proceedings – where outlines of evidence found to be inadmissible in relation to this application – application dismissed
Legislation: National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) s 38B
Cases cited: Attorney-General (Northern Territory) v Kearney [1985] HCA 60; (1985) 158 CLR 500 AWB Ltd v Cole (No 5) [2006] FCA 1234; (2006) 155 FCR 30 Carter v Managing Partner, Northmore Hale Davy & Leake [1995] HCA 33; (1995) 183 CLR 121 Commissioner of the Australian Federal Police v Propend Finance Pty Ltd [1997] HCA 3; (1997) 188 CLR 501 Kang v Kwan [2001] NSWSC 698 Kuwait Airways Corporation v Iraqi Airways Company (No 6) [2005] EWCA Civ 286; [2005] 1 WLR 2734 R (Hallinan Blackburn Gittings & Nott (a firm) v Crown Court at Middlesex Guildhall [2004] EWHC 2726; [2005] 1 WLR 766 R v Bell; Ex parte Lees [1980] HCA 26; (1980) 146 CLR 141 Roberts Smith v Fairfax Media Publications Pty Limited (No 12) [2021] FCA 465 Roberts-Smith v Fairfax Media Publications Pty Limited (No 15) [2021] FCA 1461 Roberts-Smith v Fairfax Media Publications Pty Limited (No 23) [2021] FCA 1460 Roberts-Smith v Fairfax Media Publications Pty Limited (No 25) [2021] FCA 1558 Roberts-Smith v Fairfax Media Publications Pty Limited (No 33) [2022] FCA 420 Southern Equities Corporation Ltd (in liq) v Arthur Anderson & Co (1997) 70 SASR 166
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