Sheahan and Lock (Liquidators); In the Matter of Binqld Finances Pty Ltd (In Liq) [2015] FCA 718

Sheahan and Lock (Liquidators); In the Matter of Binqld Finances Pty Ltd (In Liq) [2015] FCA 718

The written retainers and evidence showed general joint retainers for members of the Binetter group in relation to tax litigation, so communications fairly referable to that relationship were subject to joint privilege and could not be withheld from other joint privilege holders. Andrew Binetter established that the documents over which he claimed privilege related to his private affairs or personal advice and were privileged in his favour. Gary Binetter did not provide probative evidence of an individual retainer or that the relevant portions of the file note fell within such a retainer; the file note was intimately connected with the group's tax litigation and remained subject to joint...

Jurisdiction
Australia
Judgment Date
13 July 2015
Procedural Posture
Corporations Proceedings by Liquidators Seeking Orders and Directions, an Examination Summons and Production of Documents Under the Corporations Act 2001 (cth) / Interlocutory Determination of Legal Professional Privilege Claims Concerning Access to Documents Produced to the Court
Outcome
Andrew Binetter's privilege claims were upheld. Gary Binetter's privilege claim over parts of the file note was rejected, and his other claims for relief in his Amended Interlocutory Application were to be dismissed except for the confidentiality order made on 10 July 2015.
Legal Topics
['joint Privilege' 'individual Legal Professional Privilege' "liquidators' Access to Solicitors' Files" 'examination and Production Orders']
['corporations Law' 'evidence' 'legal Professional Privilege'] ['joint Privilege' 'individual Legal Professional Privilege' "liquidators' Access to Solicitors' Files" 'examination and Production Orders']

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Procedural Posture

Corporations Proceedings by Liquidators Seeking Orders and Directions, an Examination Summons and Production of Documents Under the Corporations Act 2001 (cth) / Interlocutory Determination of Legal Professional Privilege Claims Concerning Access to Documents Produced to the Court

Legal Issues

  1. 1 ['Whether documents produced by the liquidators of Signet Lawyers Pty Limited were protected by legal professional privilege belonging individually to Andrew Binetter or Gary Binetter.' 'Whether communications made under general retainers for the Binetter group attracted joint privilege so that one holder could not rely on the privilege against other joint holders.' "Whether portions of a file note of a lawyers' conference recorded advice or communications privileged solely in favour of Gary Binetter in his personal capacity."]

Ratio Decidendi

The written retainers and evidence showed general joint retainers for members of the Binetter group in relation to tax litigation, so communications fairly referable to that relationship were subject to joint privilege and could not be withheld from other joint privilege holders. Andrew Binetter established that the documents over which he claimed privilege related to his private affairs or personal advice and were privileged in his favour. Gary Binetter did not provide probative evidence of an individual retainer or that the relevant portions of the file note fell within such a retainer; the file note was intimately connected with the group's tax litigation and remained subject to joint...

Court Disposition

Andrew Binetter's privilege claims were upheld. Gary Binetter's privilege claim over parts of the file note was rejected, and his other claims for relief in his Amended Interlocutory Application were to be dismissed except for the confidentiality order made on 10 July 2015.

Orders

  • ['The parties confer and submit to the Associate to Foster J as soon as practicable draft orders giving effect to Reasons for Judgment given this day (13 July 2015).' 'The parties are to bring in Short Minutes of Order to give effect to the Reasons for Judgment.']