Maritime Union of Australia & Ors v Patrick Stevedores No.1 Pty Ltd (under administration) & Ors (No.3) [1998] FCA 695

Maritime Union of Australia & Ors v Patrick Stevedores No.1 Pty Ltd (under administration) & Ors (No.3) [1998] FCA 695

Client legal privilege was made out for documents or parts of documents whose contents and supporting evidence showed that disclosure would reveal confidential communications with Mallesons Stephen Jaques, or confidential documents prepared by those lawyers, for the dominant or sole purpose of providing legal advice to the banking syndicate. Documents or parts recording only the fourth meeting, where Patrick representatives discussed proposed business action, consequences, and requested variation of lending arrangements, did not disclose legal advice to the banking syndicate and were not privileged. Privilege was not lost under s 122 because the privileged documents were personal notes or...

Jurisdiction
Australia
Judgment Date
16 June 1998
Procedural Posture
Application Concerning Client Legal Privilege Over Documents Produced on Subpoena / Reasons for Judgment on Privilege Claims; Application Adjourned for Short Minutes of Orders
Outcome
Privilege upheld in whole for A9, D5, F1, G9, H1 and H16; upheld in part for B3, E3, E7, F4, A3 and G1; not upheld for parts of B3, E3, E7 and F4 relating to the fourth meeting; no ruling made for the unidentified part of A3 said to relate to the first meeting or for B1 and C1; application adjourned to allow short...
Legal Topics
['client Legal Privilege' 'subpoenas for Production' 'dominant Purpose of Obtaining Legal Advice' 'waiver of Privilege' 'fraud or Civil Penalty Exception to Privilege']
['evidence' 'civil Procedure'] ['client Legal Privilege' 'subpoenas for Production' 'dominant Purpose of Obtaining Legal Advice' 'waiver of Privilege' 'fraud or Civil Penalty Exception to Privilege']

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Procedural Posture

Application Concerning Client Legal Privilege Over Documents Produced on Subpoena / Reasons for Judgment on Privilege Claims; Application Adjourned for Short Minutes of Orders

Legal Issues

  1. 1 ['Whether client legal privilege attached under s 118 of the Evidence Act 1995 (Cth) to specific documents produced by members of the banking syndicate pursuant to subpoenas.' 'Whether the documents or parts of documents were confidential communications or confidential documents prepared for the dominant purpose of lawyers providing legal advice.' 'Whether any privilege was lost by waiver under s 122(2) or s 122(4) of the Evidence Act 1995 (Cth).' 'Whether s 125 of the Evidence Act 1995 (Cth) permitted disclosure because communications or documents were made or prepared in furtherance of an offence or an act rendering a person liable to a civil penalty.']

Ratio Decidendi

Client legal privilege was made out for documents or parts of documents whose contents and supporting evidence showed that disclosure would reveal confidential communications with Mallesons Stephen Jaques, or confidential documents prepared by those lawyers, for the dominant or sole purpose of providing legal advice to the banking syndicate. Documents or parts recording only the fourth meeting, where Patrick representatives discussed proposed business action, consequences, and requested variation of lending arrangements, did not disclose legal advice to the banking syndicate and were not privileged. Privilege was not lost under s 122 because the privileged documents were personal notes or...

Court Disposition

Privilege upheld in whole for A9, D5, F1, G9, H1 and H16; upheld in part for B3, E3, E7, F4, A3 and G1; not upheld for parts of B3, E3, E7 and F4 relating to the fourth meeting; no ruling made for the unidentified part of A3 said to relate to the first meeting or for B1 and C1; application adjourned to allow short...

Orders

  • ['The application is adjourned to allow the parties to bring in short minutes of the orders necessary to reflect the conclusions in this decision.']