A3 v Australian Crime Commission (No. 2) [2006] FCA 929

A3 v Australian Crime Commission (No. 2) [2006] FCA 929

The document in respect of which A3 claimed privilege was not made for the dominant purpose of A3 obtaining legal advice or legal services or for giving legal advice or providing legal services to A3. With minor exceptions, the other disputed documents were brought into existence for the predominant purpose of requesting or providing legal advice about P's affairs; A3 was acting as P's agent in giving instructions and receiving advice, so those documents were prima facie subject to P's legal professional privilege.

Jurisdiction
Australia
Judgment Date
21 July 2006
Procedural Posture
Federal Court Proceeding Concerning Claims of Legal Professional Privilege Over Documents Produced to the Australian Crime Commission Under a Notice Issued Pursuant to S 29 of the Australian Crime Commission Act 2002 (cth) / Reasons for Interim Conclusions
Outcome
Interim conclusions given: A3's privilege claim over one document was rejected; with minor exceptions, P's disputed documents were found prima facie subject to legal professional privilege. The crime or fraud or other impropriety contention and access restriction issues were not finally determined in these reasons.
Legal Topics
['legal Professional Privilege' 'dominant Purpose Test' 'crime or Fraud Exception' 'australian Crime Commission Investigation' 'restricted Access to Evidence']
['evidence' 'administrative Law'] ['legal Professional Privilege' 'dominant Purpose Test' 'crime or Fraud Exception' 'australian Crime Commission Investigation' 'restricted Access to Evidence']

Case Brief

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Procedural Posture

Federal Court Proceeding Concerning Claims of Legal Professional Privilege Over Documents Produced to the Australian Crime Commission Under a Notice Issued Pursuant to S 29 of the Australian Crime Commission Act 2002 (cth) / Reasons for Interim Conclusions

Legal Issues

  1. 1 ['Whether the documents in dispute were prepared for, or evidenced communications made for, the dominant purpose of giving instructions for, obtaining legal advice, or providing legal services for or on behalf of A3 or P.' 'Whether A3 was acting as agent for and on behalf of P in giving instructions to and receiving advice from the Firm.' 'Whether the document over which A3 claimed privilege was made for the dominant purpose of A3 obtaining legal advice or legal services or for giving legal advice or providing legal services to A3.' 'Whether, if the documents were otherwise privileged, there were reasonable grounds for believing the communications were made in the furtherance of a crime or fraud or other impropriety.']

Ratio Decidendi

The document in respect of which A3 claimed privilege was not made for the dominant purpose of A3 obtaining legal advice or legal services or for giving legal advice or providing legal services to A3. With minor exceptions, the other disputed documents were brought into existence for the predominant purpose of requesting or providing legal advice about P's affairs; A3 was acting as P's agent in giving instructions and receiving advice, so those documents were prima facie subject to P's legal professional privilege.

Court Disposition

Interim conclusions given: A3's privilege claim over one document was rejected; with minor exceptions, P's disputed documents were found prima facie subject to legal professional privilege. The crime or fraud or other impropriety contention and access restriction issues were not finally determined in these reasons.

Orders

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