Federal Court of Australia
Federal Court of Australia Rivas v Minister for Finance (Privilege Issue) [2025] FCA 138 File number:
Judgment of: LEE J
Date of judgment: 21 February 2025
Catchwords: EXTRADITION – application under s 39B of the Judiciary Act 1903 (Cth) for relief in relation to a determination of the Minister for Finance that the applicant be extradited to the Republic of Chile pursuant to s 22(2) of the Extradition Act 1988 (Cth) PRIVILEGE – whether there was conduct which was inconsistent with the maintenance of confidentiality over communications contained in a departmental brief to the Minister for Finance – no waiver of legal professional privilege – no relevant inconsistency – interlocutory application dismissed
Extradition Act 1988 (Cth) ss 22, 23 Legislation: Crimes Act 1900 (NSW) s 86 Criminal Code (Chile) Art 141 No. 3 Treaty on Extradition between Australia and the Republic of Chile [1996] ATS 7 Art II(4)
Adamas v O'Connor [2011] FCA 948; (2011) 282 ALR 302 Cases cited: Levick v Attorney-General (Cth) [2018] FCA 1609; (2018) 162 ALD 169 Osland v Secretary, Department of Justice [2008] HCA 37; (2008) 234 CLR 275 Zentai v O'Connor (No 2) [2010] FCA 252; (2010) 183 FCR 180
Division: General Division
Registry: New South Wales
National Practice Area:
Number of paragraphs: 32
Date of hearing: 21 February 2025
Counsel for the applicant: Dr S B Levi with Ms M Wallis
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