GR v Department of Communities and Justice [2021] NSWSC 721

Supreme Court New South Wales

Medium Neutral Citation: GR v Department of Communities and Justice [2021] NSWSC 721 Hearing dates: On the papers Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Grant leave to the first and second defendants to have access to the material produced by the Queensland Police Service in this proceeding in answer to the subpoena issued on 4 March 2021. Catchwords: EVIDENCE — Privileges — Client legal privilege — Evidence Act 1995 (NSW), ss 120, 131A — Privilege claimed over documents produced under subpoena by third party — Whether common law or statute applies — Legal professional privilege — Dominant purpose test Legislation Cited: Child Protection Act 1999 (Qld), ss 186(2), 189 Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 86, 91, 93 Domestic and Family Violence Protection Act 2012 (Qld), s 159 Evidence Act 1995 (NSW), ss 117, 120, 122, 131A Cases Cited: Armstrong Strategic Management & Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd (2012) 295 ALR 348; [2012] NSWCA 430 Barnes v Commissioner of Taxation (2007) 242 ALR 601; [2007] FCAFC 88 Esso Australia Resources Ltd v Commissioner of Taxation (Cth) (1999) 201 CLR 49; [1999] HCA 67 Grant v Downs (1976) 11 ALR 577 Harman v Secretary of State for the Home Department [1983] 1 AC 280 In the matter of Northern Energy Corporation Ltd (2020) 147 ACSR 572; [2020] NSWSC 1073 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 New South Wales v Public Transport Ticketing Corporation [2011] NSWCA 60 NU v Secretary of Family and Community Services (NSW) (2017) 95 NSWLR 577; [2017] NSWCA 221 Singtel Optus Pty Ltd v Weston (2011) 81 NSWLR 526; [2011] NSWSC 1083 SL v Secretary, Department of Family and Community Services [2016] NSWCA 124 Category: Procedural rulings Parties: GR (Plaintiff) Department of Communities and Justice (First Defendant) Minister for Families, Communities and Disability Services (Second Defendant) The father (Third Defendant) Krstina Wooi (Fourth Defendant) Representation: Counsel: GR (self-represented) M Anderson (First and Second Defendant)