Australian Securities and Investments Commission v Macdonald (No 9) [2009] NSWSC 13

Australian Securities and Investments Commission v Macdonald (No 9) [2009] NSWSC 13

Legal professional privilege in relation to the documents is abrogated under s 4(1) of the James Hardie (Investigations and Proceedings) Act 2004 (Cth) because ASIC requested or required their production when it sought leave to issue the subpoena, and the documents fall within the definition of James Hardie material.

Jurisdiction
Australia
Judgment Date
02 February 2009
Procedural Posture
Equity Division Proceeding / Ruling on Objection to Production of Documents and Privilege
Outcome
Objection to production of documents overruled; legal professional privilege abrogated.
Legal Topics
['legal Professional Privilege' 'subpoena' 'abrogation of Privilege' 'james Hardie (investigations and Proceedings) Act' 'client Legal Privilege']
['evidence' 'civil Procedure'] ['legal Professional Privilege' 'subpoena' 'abrogation of Privilege' 'james Hardie (investigations and Proceedings) Act' 'client Legal Privilege']

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Procedural Posture

Equity Division Proceeding / Ruling on Objection to Production of Documents and Privilege

Legal Issues

  1. 1 ['Whether legal professional privilege in documents produced under subpoena is abrogated by James Hardie (Investigations and Proceedings) Act 2004 (Cth)' 'Whether documents are James Hardie material due to production by court order rather than ASIC request']

Ratio Decidendi

Legal professional privilege in relation to the documents is abrogated under s 4(1) of the James Hardie (Investigations and Proceedings) Act 2004 (Cth) because ASIC requested or required their production when it sought leave to issue the subpoena, and the documents fall within the definition of James Hardie material.

Court Disposition

Objection to production of documents overruled; legal professional privilege abrogated.

Orders

  • ['Objection of JHINV to production of five documents overruled' 'Legal professional privilege abrogated under s 4(1) of the James Hardie (Investigations and Proceedings) Act 2004 (Cth)' 'Documents to be produced to the court' 'ASIC granted access to the documents except those with non-responsive redacted portions'...