Roberts-Smith v Fairfax Media Publications Pty Limited (No 32) [2022] FCA 419
The respondents have not relied on evidence in admissible form; outlines of evidence are not admissible and cannot establish a prima facie case of fraud sufficient to displace legal professional privilege. The application is therefore dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 22 April 2022
- Procedural Posture
- Interlocutory Application / Application to Produce Documents and for Leave to Inspect, Uplift and Copy; Ruling on Legal Professional Privilege
- Outcome
- Application dismissed
- Legal Topics
- ['legal Professional Privilege' 'fraud Exception' 'admissibility of Evidence' 'defamation']
Case Brief
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Procedural Posture
Interlocutory Application / Application to Produce Documents and for Leave to Inspect, Uplift and Copy; Ruling on Legal Professional Privilege
Legal Issues
- 1 ['Whether documents are protected by legal professional privilege' 'Whether privilege is displaced by alleged fraud in the creation of outlines of evidence' 'Whether respondents have relied on admissible evidence capable of establishing a prima facie case of fraud' 'Status of outlines of evidence in defamation proceedings']
Ratio Decidendi
The respondents have not relied on evidence in admissible form; outlines of evidence are not admissible and cannot establish a prima facie case of fraud sufficient to displace legal professional privilege. The application is therefore dismissed.
Court Disposition
Application dismissed
Orders
- ["The respondents' interlocutory application dated 25 March 2022 is dismissed."]
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