Federal Court of Australia
Federal Court of Australia
Roberts-Smith v Fairfax Media Publications Pty Limited (No 33) [2022] FCA 420 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 inspect, uplift and copy documents – legal professional privilege – waiver – whether the applicant waived privilege over certain communications by failing to object to, or cross-examine on, certain aspects of a witness' evidence – waiver not established – whether, in the alternative, the documents are not protected by privilege because they were made in the furtherance of a fraud – where the respondents have not established any prima facie case of fraud – application dismissed
Legislation: Evidence Act 1995 (Cth) s 64(3) National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) s 38B
Cases cited: Commissioner of Taxation v Rio Tinto Ltd [2006] FCAFC 86; (2006) 151 FCR 341 DSE (Holdings) Pty Ltd v Intertan Inc [2003] FCA 384; (2003) 127 FCR 499 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Roberts-Smith v Fairfax Media Publications Pty Ltd (No 25) [2021] FCA 1558 Roberts-Smith v Fairfax Media Publications Pty Limited (No 32) [2022] FCA 419 Southern Equities Corporation Ltd (in liq) v Arthur Anderson & Co (1997) 70 SASR 166
Division: General Division
Registry: New South Wales
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