R v Seller; R v McCarthy (No 4) [2014] NSWSC 1369

Supreme Court New South Wales

Medium Neutral Citation: R v Seller; R v McCarthy (No 4) [2014] NSWSC 1369 Hearing dates: 28 July 2014 - 8 August 2014 Decision date: 06 August 2014 Jurisdiction: Common Law Before: Button J Decision: The claims of privilege are upheld. Catchwords: PROCEDURE – subpoena for production of documents – claim of legal professional privilege by Director of Public Prosecutions and Australian Crime Commission – dominant purpose test – whether the Director of Public Prosecutions was providing advice to the Australian Crime Commission – whether conferences with third parties were in preparation for anticipated legislation – whether the maintenance of criminal proceedings against the accused is inconsistent with the claim of privilege Legislation Cited: Australian Crime Commission Act 2002 (Cth) ss 7A, 59 Crimes Act 1914 (Cth), s 13 Director of Public Prosecutions Act 1983 (Cth), s 6 Director of Public Prosecutions Regulations 1984, reg 3 Evidence Act 1995 (NSW), ss 117, 118, 119, 122, 133, 142 Cases Cited: Attorney-General for the Northern Territory v Maurice and Others (1986) 161 CLR 475 DSE (Holdings) v Intertan Inc [2003] FCA 384, 127 FCR 499 Grofam Pty Limited and Others v Australian and New Zealand Banking Group Limited and Others (1993) 45 FCR 445 Lee v The Queen [2014] HCA 20; 88 ALJR 656 Mann v Carnell [1999] HCA 66; 201 CLR 1 R v Bunting [2002] SASC 412; 136 A Crim 539 R v Petroulias (No 22) [2007] NSWSC 692 Telstra Corporation Ltd and Another v BT Australasia Pty Ltd v Another (1998) 85 FCR 152 Category: Procedural and other rulings Parties: Regina Ross Edward Seller (Accused) Patrick David McCarthy (Accused) Representation: Counsel: DJ Fagan SC (Crown) P McGuire (Crown) P Strickland SC (McCarthy) P Bruckner (McCarthy) DKL Raphael (Seller)