Adams, R.E. v. Anthony Bryant & Co. Pty Ltd & Ors [1986] FCA 329

Adams, R.E. v. Anthony Bryant & Co. Pty Ltd & Ors [1986] FCA 329

Statements of witnesses are covered by legal professional privilege and are not required to be disclosed to defendants prior to trial, as no exceptional unfairness is established. However, the prosecutor is ordered to supply the list of witnesses' names as such information is not privileged and is conducive to a fair trial.

Parties
Prosecutor: Ronald Edward Adams; Defendant: Anthony Bryant & Co Pty Limited; Defendant: Venn Charles Williams; Defendant: Craig Francis Williams; Defendant: Brian Ahearne
Jurisdiction
Australia
Judgment Date
06 August 1986
Procedural Posture
Summary Criminal Proceedings / Interlocutory Motion Regarding Pre Trial Procedures
Outcome
Application granted in part; defendants to receive list of witness names and copies/inspection of documents, but not statements of evidence.
Legal Topics
Disclosure of Evidence, Legal Professional Privilege, Fair Trial, Pre Trial Procedure
Criminal Law Practice and Procedure Disclosure of Evidence Legal Professional Privilege Fair Trial Pre Trial Procedure

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Parties

Ronald Edward Adams

Prosecutor

Anthony Bryant & Co Pty Limited

Defendant

Venn Charles Williams

Defendant

Craig Francis Williams

Defendant

Brian Ahearne

Defendant

Procedural Posture

Summary Criminal Proceedings / Interlocutory Motion Regarding Pre Trial Procedures

Legal Issues

  1. 1 Whether prosecutor must supply statements of witnesses to defendants
  2. 2 Whether prosecutor must provide list of witnesses to be called at trial
  3. 3 Whether statements or list of names are subject to legal professional privilege

Ratio Decidendi

Statements of witnesses are covered by legal professional privilege and are not required to be disclosed to defendants prior to trial, as no exceptional unfairness is established. However, the prosecutor is ordered to supply the list of witnesses' names as such information is not privileged and is conducive to a fair trial.

Court Disposition

Application granted in part; defendants to receive list of witness names and copies/inspection of documents, but not statements of evidence.

Orders

  • Not less than one month before the trial, prosecutor to supply to defendants a list of full names of witnesses to be called.
  • Not less than one month before the trial, prosecutor to supply to defendants copies of all documents intended to be relied upon at hearing.