Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2020] FCA 1277

Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2020] FCA 1277

RI Advice Group Pty Ltd did not provide direct or sufficient evidence to prove the Third File Review was created for the dominant purpose of legal advice, relying only on hearsay and opinion evidence from a solicitor not involved at the relevant time. Furthermore, RI waived any claim to privilege by producing multiple copies of the document to ASIC without objection in response to a notice to produce. Accordingly, s 118 does not prevent the document from being adduced in evidence.

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Commercial and Corporations / Interlocutory Application for Privilege Ruling Under S 192 A(b) Evidence Act 1995 (cth)
Outcome
Application granted; privilege claim rejected; documents admitted.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'admissibility of Evidence' 'financial Product Advice' 'best Interests Obligations']
['evidence' 'corporate Law' 'financial Services Law'] ['legal Professional Privilege' 'waiver of Privilege' 'admissibility of Evidence' 'financial Product Advice' 'best Interests Obligations']

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Procedural Posture

Commercial and Corporations / Interlocutory Application for Privilege Ruling Under S 192 A(b) Evidence Act 1995 (cth)

Legal Issues

  1. 1 ['Whether s 118 of the Evidence Act 1995 (Cth) prevents the plaintiff (ASIC) from adducing the Third File Review document at trial' 'Whether the Third File Review document was created for the dominant purpose of providing legal advice and is subject to legal professional privilege' 'Whether privilege has been waived over the Third File Review document']

Ratio Decidendi

RI Advice Group Pty Ltd did not provide direct or sufficient evidence to prove the Third File Review was created for the dominant purpose of legal advice, relying only on hearsay and opinion evidence from a solicitor not involved at the relevant time. Furthermore, RI waived any claim to privilege by producing multiple copies of the document to ASIC without objection in response to a notice to produce. Accordingly, s 118 does not prevent the document from being adduced in evidence.

Court Disposition

Application granted; privilege claim rejected; documents admitted.

Orders

  • ['Pursuant to s 192A(b) of the Evidence Act 1995 (Cth), s 118 does not operate to prevent specified documents being adduced in evidence at the hearing, including documents bearing barcodes RIA.001.001.0965, ANZ.802.215.0403, ANZ.802.215.4951, ANZ.801.629.9250, DOY.0011.0004.0171, DOY.0011.0004.0359 and...