Brambles Holdings Ltd v. Trade Practices Commission [1981] FCA 68
Documents are only privileged if brought into existence solely for legal advice or litigation, as established by evidence; privilege also attaches to necessary drafts and reproductions of legal advice within non-privileged documents.
- Parties
- Applicant: Brambles Holdings Limited; Respondent: Trade Practices Commission
- Jurisdiction
- Australia
- Judgment Date
- 05 June 1981
- Procedural Posture
- Notice of Motion / Interlocutory; Discovery Dispute
- Outcome
- Matter stood over; directions made for filing further affidavit regarding discovery; costs reserved; liberty to apply granted.
- Legal Topics
- Discovery, Legal Professional Privilege
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Brambles Holdings Limited
Applicant
Trade Practices Commission
Respondent
Procedural Posture
Notice of Motion / Interlocutory; Discovery Dispute
Legal Issues
- 1 Whether documents are protected by legal professional privilege for the purposes of discovery
Ratio Decidendi
Documents are only privileged if brought into existence solely for legal advice or litigation, as established by evidence; privilege also attaches to necessary drafts and reproductions of legal advice within non-privileged documents.
Court Disposition
Matter stood over; directions made for filing further affidavit regarding discovery; costs reserved; liberty to apply granted.
Orders
- Miss Hannon to file and serve a further affidavit by 5pm on 11 June 1981, listing each document for which privilege is still claimed and the category it falls into.
- Matter stood over to 9.30am on 25 June 1981.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment