Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) (No 2) [2018] FCA 879

Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) (No 2) [2018] FCA 879

The documents produced by MDS Legal were communications with the ACCC, or documents embodying those communications, created for the purpose of communicating their contents to the ACCC. Although some information included in them may have originally been provided to MDS Legal for legal advice, the subpoenaed documents themselves were not brought into existence for the dominant purpose of providing legal advice, did not involve the provision of legal advice, and were not brought into existence for the dominant purpose of providing professional legal services relating to court proceedings involving the franchisee clients. They were therefore not privileged under ss 118 or 119 of the Evidence...

Jurisdiction
Australia
Judgment Date
11 June 2018
Procedural Posture
Regulator and Consumer Protection Proceeding Involving a Subpoena Inspection and Legal Professional Privilege Dispute / Determined on the Papers Before Final Hearing; Application for Leave to Inspect Documents Produced Under Subpoena
Outcome
Leave granted to inspect the documents produced by MDS Legal in response to the subpoena.
Legal Topics
['client Legal Privilege' 'subpoena to Produce Documents' 'inspection of Subpoenaed Documents' 'communications With the Accc' 'dominant Purpose Test']
['evidence' 'legal Professional Privilege' 'civil Procedure' 'competition and Consumer Law'] ['client Legal Privilege' 'subpoena to Produce Documents' 'inspection of Subpoenaed Documents' 'communications With the Accc' 'dominant Purpose Test']

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Procedural Posture

Regulator and Consumer Protection Proceeding Involving a Subpoena Inspection and Legal Professional Privilege Dispute / Determined on the Papers Before Final Hearing; Application for Leave to Inspect Documents Produced Under Subpoena

Legal Issues

  1. 1 ['Whether documents produced by MDS Legal in response to a subpoena were protected by legal professional privilege under s 118 of the Evidence Act 1995 (Cth).' 'Whether the documents were protected by legal professional privilege under s 119 of the Evidence Act 1995 (Cth).' 'Whether the parties should have leave to inspect the documents produced by MDS Legal in response to the subpoena.']

Ratio Decidendi

The documents produced by MDS Legal were communications with the ACCC, or documents embodying those communications, created for the purpose of communicating their contents to the ACCC. Although some information included in them may have originally been provided to MDS Legal for legal advice, the subpoenaed documents themselves were not brought into existence for the dominant purpose of providing legal advice, did not involve the provision of legal advice, and were not brought into existence for the dominant purpose of providing professional legal services relating to court proceedings involving the franchisee clients. They were therefore not privileged under ss 118 or 119 of the Evidence...

Court Disposition

Leave granted to inspect the documents produced by MDS Legal in response to the subpoena.

Orders

  • ['There be leave to the parties to inspect the documents produced by MDS Legal in response to the subpoena issued in these proceedings.']