In the Matter of Strikers Management Pty Ltd; & Australian Securities Commission v Dimitri, Peter [1997] FCA 1434

In the Matter of Strikers Management Pty Ltd; & Australian Securities Commission v Dimitri, Peter [1997] FCA 1434

Documents in a solicitor's file relating to communications in furtherance, on the client's part, of an attempt to evade the requirements of an undertaking to the Court may be produced for inspection under s 125(1)(a) of the Evidence Act 1995, as privilege does not attach to such documents.

Jurisdiction
Australia
Judgment Date
18 November 1997
Procedural Posture
Application for Inspection of Documents in Contempt Proceedings / Judgment on Application for Inspection of Documents
Outcome
Application granted
Legal Topics
['discovery' 'legal Professional Privilege' 'inspection of Documents' 'contempt of Court' 'evidence Act 1995 S 125']
['practice and Procedure' 'evidence'] ['discovery' 'legal Professional Privilege' 'inspection of Documents' 'contempt of Court' 'evidence Act 1995 S 125']

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Procedural Posture

Application for Inspection of Documents in Contempt Proceedings / Judgment on Application for Inspection of Documents

Legal Issues

  1. 1 ["Whether documents produced by respondent's former solicitors under subpoena should be made available for inspection to the applicant" 'Whether legal professional privilege applies to the documents' 'Whether documents relate to communications in furtherance of an attempt to evade the requirements of an undertaking to the Court']

Ratio Decidendi

Documents in a solicitor's file relating to communications in furtherance, on the client's part, of an attempt to evade the requirements of an undertaking to the Court may be produced for inspection under s 125(1)(a) of the Evidence Act 1995, as privilege does not attach to such documents.

Court Disposition

Application granted

Orders

  • ['The documents listed 1 to 8 in the reasons for judgment be made available for inspection by the legal representatives of the applicant.' "The respondent pay the applicant's costs of the application for inspection."]