Grollo B. & Ors v Commissioner of Australian Federal Police & Ors [1995] FCA 686

Grollo B. & Ors v Commissioner of Australian Federal Police & Ors [1995] FCA 686

The notebook contents recorded advice by Mr. Walker Q.C. concerning anticipated litigation and related steps, and the sole purpose of the writings was to record that advice and related matters so recollection could be aided and the advice accurately communicated to absent applicants or officers. The contents disclosed nothing unprotected by legal professional privilege and did not point to circumstances extinguishing the privilege.

Jurisdiction
Australia
Judgment Date
01 September 1995
Procedural Posture
Federal Court Proceeding Concerning Search Warrants and Documents Seized in Execution of Them / Reasons for Judgment Determining a Claim of Legal Professional Privilege Over the Contents of a Notebook
Outcome
The applicants' claim to legal professional privilege in respect of the contents of the notebook was upheld.
Legal Topics
['search Warrants Under S.10 of the Crimes Act 1914 (cwth)' 'notebook Seized During Execution of Warrants' 'privilege Over Records of Oral Legal Advice' 'anticipated Litigation']
['evidence' 'legal Professional Privilege' 'criminal Procedure'] ['search Warrants Under S.10 of the Crimes Act 1914 (cwth)' 'notebook Seized During Execution of Warrants' 'privilege Over Records of Oral Legal Advice' 'anticipated Litigation']

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Procedural Posture

Federal Court Proceeding Concerning Search Warrants and Documents Seized in Execution of Them / Reasons for Judgment Determining a Claim of Legal Professional Privilege Over the Contents of a Notebook

Legal Issues

  1. 1 ['Whether the contents of a notebook seized in execution of search warrants are the subject of legal professional privilege claimed by some of the applicants.' 'Whether the contents of the notebook disclose circumstances extinguishing legal professional privilege.']

Ratio Decidendi

The notebook contents recorded advice by Mr. Walker Q.C. concerning anticipated litigation and related steps, and the sole purpose of the writings was to record that advice and related matters so recollection could be aided and the advice accurately communicated to absent applicants or officers. The contents disclosed nothing unprotected by legal professional privilege and did not point to circumstances extinguishing the privilege.

Court Disposition

The applicants' claim to legal professional privilege in respect of the contents of the notebook was upheld.

Orders

  • ["The applicants' claim to legal professional privilege in respect of the contents of the note book, a copy of which is exhibit B in the trial of the proceeding, is upheld." 'Further consideration of the proceeding be adjourned to a date to be fixed.']