Adamas v Honourable Brendan O'Connor [2011] FCA 948

Adamas v Honourable Brendan O'Connor [2011] FCA 948

Legal professional privilege attaches to the contested material, privilege has not been waived, no inconsistency with confidentiality is established, and thus the application for production of documents is dismissed.

Jurisdiction
Australia
Judgment Date
22 August 2011
Procedural Posture
Judicial Review / Ruling on Oral Application for Production of Documents
Outcome
Application dismissed with costs
Legal Topics
['legal Professional Privilege' 'production of Documents' 'waiver of Privilege']

Case Brief

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Procedural Posture

Judicial Review / Ruling on Oral Application for Production of Documents

  1. 1 ['Whether legal professional privilege attaches to communications sought by the applicant' 'Whether legal professional privilege has been waived for the contested material']

Ratio Decidendi

Legal professional privilege attaches to the contested material, privilege has not been waived, no inconsistency with confidentiality is established, and thus the application for production of documents is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • ["The applicant's oral application for the production of documents be dismissed." "The applicant pay the first respondent's costs to be taxed if not agreed."]