Winra v Skycity Adelaide Pty Ltd [2012] FCA 1447

Winra v Skycity Adelaide Pty Ltd [2012] FCA 1447

The first respondent has not waived legal professional privilege over the investigation and legal advice documents since its Defence does not put in issue the substance of privileged communications, but only pleads that its management action was reasonable. Orders for further discovery are limited to documents not protected by privilege and as agreed concerning prior complaints involving the second respondent.

Jurisdiction
Australia
Judgment Date
18 December 2012
Procedural Posture
Interlocutory Application in Ongoing Originating Proceeding / Discovery Application Determined
Outcome
Orders made for discovery limited to agreed categories; application for orders in respect of privileged documents refused.
Legal Topics
['discovery' 'legal Professional Privilege' 'waiver of Privilege' 'sexual Harassment' 'pleadings']
['practice and Procedure' 'employment Law' 'discrimination Law'] ['discovery' 'legal Professional Privilege' 'waiver of Privilege' 'sexual Harassment' 'pleadings']

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Procedural Posture

Interlocutory Application in Ongoing Originating Proceeding / Discovery Application Determined

Legal Issues

  1. 1 ['Whether the first respondent has waived legal professional privilege over certain documents relating to an investigation into alleged sexual harassment' 'Whether the applicant is entitled to non-standard and more extensive discovery or, in the alternative, particular discovery' 'Scope of discovery obligations where privilege is asserted']

Ratio Decidendi

The first respondent has not waived legal professional privilege over the investigation and legal advice documents since its Defence does not put in issue the substance of privileged communications, but only pleads that its management action was reasonable. Orders for further discovery are limited to documents not protected by privilege and as agreed concerning prior complaints involving the second respondent.

Court Disposition

Orders made for discovery limited to agreed categories; application for orders in respect of privileged documents refused.

Orders

  • ['First respondent required to make discovery of documents within the Schedule (Category 3) relating to prior complaints or incidents involving Kelman David, as detailed in orders 1-3 of the Reasons for Judgment.' 'First respondent to produce for inspection by the applicant the discovered documents within 21 days.'...