Australian Competition & Consumer Commission v World Netsafe [2002] FCA 527

Australian Competition & Consumer Commission v World Netsafe [2002] FCA 527

Client professional privilege attaches to some, but not all, of the communications in question, depending on their nature and according to whether they meet statutory requirements under the Evidence Act 1995 (Cth).

Jurisdiction
Australia
Judgment Date
24 April 2002
Procedural Posture
Civil / Ruling on Evidence
Outcome
Objection partly upheld and partly overruled as to client professional privilege attaching to affidavit paragraphs.
Legal Topics
['client Legal Privilege' 'solicitor Client Relationship' 'admissibility of Evidence']
['evidence Law'] ['client Legal Privilege' 'solicitor Client Relationship' 'admissibility of Evidence']

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Procedural Posture

Civil / Ruling on Evidence

Legal Issues

  1. 1 ['Whether client professional privilege attaches to specified parts of an affidavit by Mark Thomas McCluskey' 'Whether the communications in question fall within ss 118 and 119 of the Evidence Act 1995 (Cth)']

Ratio Decidendi

Client professional privilege attaches to some, but not all, of the communications in question, depending on their nature and according to whether they meet statutory requirements under the Evidence Act 1995 (Cth).

Court Disposition

Objection partly upheld and partly overruled as to client professional privilege attaching to affidavit paragraphs.

Orders

  • ['Client professional privilege attaches to the last sentence in par 10 on page 5 and to par 11.' 'Client professional privilege does not attach to pars 9 and 18.']