NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Becke and Commissioner of Police (No 2) [2009] NSWIRComm 148
APPLICANT Samuel James Becke PARTIES: RESPONDENT Commissioner of Police
FILE NUMBER(S): IRC 567 of 2009
CORAM: Staff J
CATCHWORDS: PRACTICE AND PROCEDURE - Summons for production - Legal professional privilege - Application of Evidence Act 1995 - Waiver of privilege - Whether privilege abrogated by provisions of Police Act 1990 - Principles - Legal professional privilege as a substantive right - Documents privileged - Section s 117, s 118, s 119, s 131A, s 133 Evidence Act 1995, s 181D, s 181E, s 181G Police Act 1990
LEGISLATION CITED: Evidence Act 1995 Police Act 1990
AWB Ltd v Cole and Another 152 FCR 382 AWB Ltd v Cole (No 5) (2006) 155 FCR 30 Becke and Commissioner of Police [2009] NSWIRComm 134 CASES CITED: Bradley Eade-Smith v Commissioner of Police (No. 2) [2009] NSWIRComm 87 Cahill v State of New South Wales (Department of Corrective Services) (2007) 161 IR 124 Michael Wilson and Partners Limited v Robert Colin Nicholls & Ors [2009] NSWSC 763 Miller v Commissioner of Police [2002] NSWIRComm 296 The Daniels Corporation International Pty Ltd and Another and Australian Competition and Consumer Commission (2002) 213 CLR 543
HEARING DATES: 27 August 2009
DATE OF JUDGMENT: 11 September 2009
APPLICANT Mr D Nagle of counsel Walter Madden Jenkins solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr P Skinner of counsel Crown Solicitor's Office
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