Strategic Financial and Project Services Pty Limited v Bank of China [2012] FCA 327

Strategic Financial and Project Services Pty Limited v Bank of China [2012] FCA 327

The Court held that while certain details in bills of costs may attract legal professional privilege, not all narrative content is privileged and redactions should only remove privileged subject-matter unless public events have removed confidentiality. Limited, guided redaction, focused on the privileged subject-matter only, was ordered to allow the applicants' expert to assess the reasonableness of costs for the security for costs application.

Jurisdiction
Australia
Judgment Date
27 March 2012
Procedural Posture
Interlocutory Application / Ruling on Notice to Produce and Claim of Legal Professional Privilege; Directions Preceding Security for Costs Hearing
Outcome
Partially redacted versions of bills of costs and descriptions to be provided to the applicants according to the Court's guiding principles.
Legal Topics
['security for Costs' 'notice to Produce' 'legal Professional Privilege' 'redaction of Documents']
['practice and Procedure'] ['security for Costs' 'notice to Produce' 'legal Professional Privilege' 'redaction of Documents']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Notice to Produce and Claim of Legal Professional Privilege; Directions Preceding Security for Costs Hearing

Legal Issues

  1. 1 ['Whether itemised bills of costs in detailed form are subject to legal professional privilege' 'Relevance and utility of redacted cost documents for a security for costs application' 'Whether there has been an implied waiver of privilege by party conduct']

Ratio Decidendi

The Court held that while certain details in bills of costs may attract legal professional privilege, not all narrative content is privileged and redactions should only remove privileged subject-matter unless public events have removed confidentiality. Limited, guided redaction, focused on the privileged subject-matter only, was ordered to allow the applicants' expert to assess the reasonableness of costs for the security for costs application.

Court Disposition

Partially redacted versions of bills of costs and descriptions to be provided to the applicants according to the Court's guiding principles.

Orders

  • ['First respondent to provide applicants with partially redacted narration in the Mallesons invoice dated 4 February 2009, and first 3 pages of description in the Freehills invoice dated 1 June 2010, by 5 pm on 27 March 2012.' 'Applicants to notify the Court by 5 pm on 28 March 2012 as to whether the limited...