SZF [2019] NSWCATGD 12

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SZF [2019] NSWCATGD 12 Hearing dates: 18 April 2019 Date of orders: 21 May 2019 Decision date: 21 May 2019 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Decision: The applicants are denied access to the documents provided by Bestic Law including the redacted packet. Catchwords: INTERLOCUTORY – Application for access to material provided under summons – whether documents are subject to legal professional privilege – "dominant purpose" test – whether records of lawyer-client communication in the making of enduring power of attorney and enduring guardianship instruments were prepared for the dominant purpose of the provision of professional legal services – where records not confined to discussions of specific documents, but evidence the context of broader advice – dominant purpose established – privilege established – disclosure not required. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 67 Evidence Act 1995 (NSW), ss 9, 10, 121, Pt 3.10 Div 1, Pt 3.10 Div 1A Cases Cited: AWB Limited v Honourable Terence Rhoderic Hudson Cole [2006] FCA 571 Bellamy v Bellamy [2018] NSWSC 534 Griffiths v German [2017] NSWSC 1392 NAK Australia Pty Ltd v Starkey Consulting Pty Ltd & Ors [2008) NSWSC 1136 P v NSW Trustee and Guardian [2015] NSWSC 57 Tickell v Trifleska (1990) 24 NSWLR 548 Urquhart v Lanham [2003] NSWSC 109 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application