Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2005] FCA 503

Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2005] FCA 503

Privilege in relation to Mr O'Brien's draft statements was made out because the relevant purpose was to obtain legal advice, including with a view to using the material in anticipated litigation that was a real possibility; the involvement of legal advisers in information gathering for recommendations did not detract from privilege.

Jurisdiction
Australia
Judgment Date
27 April 2005
Procedural Posture
Application Concerning Privilege Over Draft Witness Statements in Response to a Notice to Produce / Interlocutory Ruling
Outcome
Privilege in relation to the draft statements of Mr O'Brien was made out; no orders were made.
Legal Topics
['legal Professional Privilege' 'notice to Produce' 'draft Witness Statements' 'anticipated Litigation']
['civil Procedure' 'evidence'] ['legal Professional Privilege' 'notice to Produce' 'draft Witness Statements' 'anticipated Litigation']

Case Brief

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Procedural Posture

Application Concerning Privilege Over Draft Witness Statements in Response to a Notice to Produce / Interlocutory Ruling

Legal Issues

  1. 1 ["Whether privilege had been made out in relation to the draft statements of Mr Leigh Christopher O'Brien." 'Whether the distinction between investigation of the matter and commencement of proceedings defeated the claim to privilege.']

Ratio Decidendi

Privilege in relation to Mr O'Brien's draft statements was made out because the relevant purpose was to obtain legal advice, including with a view to using the material in anticipated litigation that was a real possibility; the involvement of legal advisers in information gathering for recommendations did not detract from privilege.

Court Disposition

Privilege in relation to the draft statements of Mr O'Brien was made out; no orders were made.

Orders

  • ['No orders made.']