Australian Securities and Investments Commission v Cassimatis (No 3) [2015] FCA 385

Australian Securities and Investments Commission v Cassimatis (No 3) [2015] FCA 385

The Federal Court has the power to refer questions of legal professional privilege to an independent barrister, and in the present circumstances it is appropriate to do so to promote cost efficiency and timely resolution. The fees for the independent barrister are to be shared equally between the applicant and respondents.

Jurisdiction
Australia
Judgment Date
04 May 2015
Procedural Posture
Interlocutory Application Civil Penalty Proceedings / Pre Trial Discovery/privilege Management
Outcome
Application granted for referral of privilege disputes to independent barrister; costs order made
Legal Topics
['legal Professional Privilege' 'discovery' 'alternative Dispute Resolution' "directors' Duties"]
['corporations Law' 'civil Procedure'] ['legal Professional Privilege' 'discovery' 'alternative Dispute Resolution' "directors' Duties"]

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Procedural Posture

Interlocutory Application Civil Penalty Proceedings / Pre Trial Discovery/privilege Management

Legal Issues

  1. 1 ['Whether the court has power to order that questions of legal professional privilege be determined by an independent barrister' 'Whether such a power should be exercised in the circumstances of this case' 'Terms on which power should be exercised including division of cost']

Ratio Decidendi

The Federal Court has the power to refer questions of legal professional privilege to an independent barrister, and in the present circumstances it is appropriate to do so to promote cost efficiency and timely resolution. The fees for the independent barrister are to be shared equally between the applicant and respondents.

Court Disposition

Application granted for referral of privilege disputes to independent barrister; costs order made

Orders

  • ['The applicant is to give discovery of the categories of documents set out in the Annexure at the times set out in the Annexure.' 'Within 14 days after receiving the privilege lists, respondents must notify applicant of disputed privilege claims and provide a list of three suitable barristers.' 'Within 14 days,...