Seven Network Limited v News Limited [2005] FCA 1551

Seven Network Limited v News Limited [2005] FCA 1551

The Court was satisfied, after inspecting the 18 documents, that each whole document or masked portion for which privilege was claimed was brought into existence for the dominant purpose of seeking, providing or recording legal advice for the Applicants. Mr Jarman, although an in-house lawyer with some project management involvement, possessed the requisite independence when giving or recording legal advice. Circulation to external lawyers and selected executives, submission of board updates by Mr Wise, board minutes, and later references to earlier updates did not waive privilege. The privilege claims were properly and sufficiently made, so paragraph 1 of the Telstra Respondents' Amended...

Jurisdiction
Australia
Judgment Date
03 November 2005
Procedural Posture
Interlocutory Motion for Production or Inspection of Documents Over Which Legal Professional Privilege Was Claimed / During Hearing of Main Proceedings; Amended Notice of Motion Filed 21 October 2005
Outcome
Paragraph 1 of the Third, Fifth and Sixth Respondents' Amended Notice of Motion filed 21 October 2005 was dismissed; costs submissions were directed and the balance of the motion was stood over for directions.
Legal Topics
['legal Professional Privilege' 'in House Counsel Independence' 'dominant Purpose' 'waiver of Privilege' 'document Production and Inspection']
['evidence' 'civil Procedure'] ['legal Professional Privilege' 'in House Counsel Independence' 'dominant Purpose' 'waiver of Privilege' 'document Production and Inspection']

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Procedural Posture

Interlocutory Motion for Production or Inspection of Documents Over Which Legal Professional Privilege Was Claimed / During Hearing of Main Proceedings; Amended Notice of Motion Filed 21 October 2005

Legal Issues

  1. 1 ['Whether the Applicants properly claimed legal professional privilege over the whole or masked portions of 18 discovered documents.' 'Whether in-house counsel, Mr Jarman, had the requisite independence for communications involving his legal advice to attract legal professional privilege.' 'Whether privilege had been expressly or impliedly waived by circulation, submission to the board, board minutes, later board updates, or other conduct.' 'Whether any communications were made for the apparent purpose of frustrating the processes of the law.']

Ratio Decidendi

The Court was satisfied, after inspecting the 18 documents, that each whole document or masked portion for which privilege was claimed was brought into existence for the dominant purpose of seeking, providing or recording legal advice for the Applicants. Mr Jarman, although an in-house lawyer with some project management involvement, possessed the requisite independence when giving or recording legal advice. Circulation to external lawyers and selected executives, submission of board updates by Mr Wise, board minutes, and later references to earlier updates did not waive privilege. The privilege claims were properly and sufficiently made, so paragraph 1 of the Telstra Respondents' Amended...

Court Disposition

Paragraph 1 of the Third, Fifth and Sixth Respondents' Amended Notice of Motion filed 21 October 2005 was dismissed; costs submissions were directed and the balance of the motion was stood over for directions.

Orders

  • ["The prayer for relief contained in paragraph 1 of the Third, Fifth and Sixth Respondents' Amended Notice of Motion filed 21 October 2005 be dismissed." 'The parties file and serve short written submissions on the costs to date of the Notice of Motion filed 17 October 2005 and of the Amended Notice of Motion filed...