Lazar v R [2021] NSWCCA 132

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lazar v R [2021] NSWCCA 132 Hearing dates: 17 June 2021 Date of orders: 24 June 2021 Decision date: 24 June 2021 Before: Beech-Jones J Decision: (1) Until further order, each of William Brewer, Barbara Coorey, Cassandra Simone and Bryan Wrench be excused from further compliance with the Witness Orders directed to each of them dated 8 June 2021; (2) Direct the legal representatives of Ian Lazar and the Crown confer in relation to the means by which the Crown can obtain further evidence in response to the affidavits filed on behalf of Mr Lazar; (3) Direct the parties to advise the Court on or before 10 July 2021, by an email to the Associate to Beech-Jones J, whether they object to the publication of the whole or any part of this judgment on Caselaw and the basis for the making of any order under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW); (4) List the matter for further directions at 9:00am on 22 July 2021 before the Registrar of the Court of Criminal Appeal. Catchwords: LEGAL PROFESSIONAL PRIVILEGE – appellant's grounds of appeal contend he was unfit to be tried – whether appellant has waived legal professional privilege over communications with lawyer at his trial – implied or imputed waiver – waiver by disclosure of substance – Held – waiver established Legislation Cited: Criminal Appeal Act 1912 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Supreme Court (Criminal Appeal) Rules 2021 Cases Cited: ASIC v ANZ Banking Group Ltd (No 2) [2020] FCA 1013 Director of Public Prosecutions (Cth) v Kinghorn; Kinghorn v Director of Public Prosecutions (Cth) [2020] NSWCCA 48 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499; [2003] FCA 384 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited (2013) 250 CLR 303; [2013] HCA 46 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 R v Lazar; R v Constantinidis [2020] NSWDC 3 R v Presser [1958] VR 45 R v RTI (2003) 58 NSWLR 438; [2003] NSWCCA 283 Singtel Optus Pty Ltd v Weston (2011) 81 NSWLR 526; [2011] NSWSC 1083 State of NSW v Public Transport Ticketing Corporation [2011] NSWCA 60 Category: Principal judgment Parties: Ian David Lazar (Applicant) Regina (Crown) Representation: Counsel: Mr C Parkin (Applicant) Ms M Kumar (Crown)