Commissioner of Taxation v Caratti [2018] FCA 465

Commissioner of Taxation v Caratti [2018] FCA 465

It is appropriate for the Court to appoint a referee to assist in identifying and reporting on claims of legal professional privilege over a large quantity of documents, with an ordered process allowing submissions and adjudication on privilege claims; all parties retain opportunity to participate and make claims to privilege, and reports will be subject to Court adoption before access to documents is granted.

Jurisdiction
Australia
Judgment Date
09 April 2018
Procedural Posture
Practice and Procedure / Order for Appointment of Referee and Directions for Inquiry and Report
Outcome
Order for appointment of a referee to inquire and report regarding claims of legal professional privilege over documents; directions made for inquiry procedure and party submissions.
Legal Topics
['referee Appointment' 'legal Professional Privilege' 'document Inspection' 'case Management' 'federal Court Procedure']
['taxation' 'practice and Procedure'] ['referee Appointment' 'legal Professional Privilege' 'document Inspection' 'case Management' 'federal Court Procedure']

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Procedural Posture

Practice and Procedure / Order for Appointment of Referee and Directions for Inquiry and Report

Legal Issues

  1. 1 ['Whether the Court should appoint a referee to assist in determining claims of legal professional privilege over documents' 'The appropriateness of referring matters for inquiry and report by a referee' 'Process for identification and categorisation of documents regarding privilege']

Ratio Decidendi

It is appropriate for the Court to appoint a referee to assist in identifying and reporting on claims of legal professional privilege over a large quantity of documents, with an ordered process allowing submissions and adjudication on privilege claims; all parties retain opportunity to participate and make claims to privilege, and reports will be subject to Court adoption before access to documents is granted.

Court Disposition

Order for appointment of a referee to inquire and report regarding claims of legal professional privilege over documents; directions made for inquiry procedure and party submissions.

Orders

  • ['Documents subject to previous order are referred to referee for inquiry and report.' 'Matters for inquiry include categorisation of documents as privileged (Category A), possibly privileged (Category B), and not privileged (Category C), procedure adopted, and summary of legal principles applied.' 'The inquiry will...