Federal Court of Australia
Federal Court of Australia
Sharpe v TechnologyOne Limited [2024] FCA 962 File number(s): VID 825 of 2023
Judgment of: ANDERSON J
Date of judgment: 20 August 2024
Date of publication of reasons: 22 August 2024
Catchwords: PRACTICE AND PROCEDURE – application to strike out part of statement of claim – where respondent submitted the applicant's cause of action relied on material subject to without prejudice privilege under s 131 of the Evidence Act 1995 (Cth) – whether the entirety of the material was subject to s 131 – whether the material could be reviewed to identify admissible and inadmissible sections – whether it was appropriate for the Court to review the material in such manner – held that the material was not wholly subject to without prejudice privilege – held that the exceptions under ss 131(2)(i) and (g) could reasonably be engaged at trial – application dismissed
Legislation: Evidence Act 1995 (Cth) Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2020] FCA 1232 J C Techforce Pty Ltd & Steinhardt v Pearce, Neville & Oke Industrial Pty Ltd (1996) 138 ALR 522 KTC v David [2022] FCAFC 60 Pigozzo v Mineral Resources Ltd [2022] FCA 1166 Pihiga Pty Ltd v Roche (2011) 278 ALR 209; FCA 240 Unilever plc v Procter & Gamble Co [2000] 1 WLR 2436
Division: Fair Work Division
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate