EJX v University of Newcastle [2022] NSWCATAD 151

EJX v University of Newcastle [2022] NSWCATAD 151

The 8 December 2020 and 11 December 2020 documents were protected by client legal privilege as they were confidential communications created for the dominant purpose of providing legal advice by a qualified in-house lawyer to the University. The University’s delay in making the privilege and confidentiality...

Source-derived case information.

Parties
Applicant: EJX; Respondent: University of Newcastle
Jurisdiction
Australia
Judgment Date
13 May 2022
Procedural Posture
Tribunal Review of Administrative Decision / Interlocutory (procedural) Ruling
Outcome
University's applications for privilege and confidentiality orders granted; applicant's costs application dismissed.
Legal Topics
Client Legal Privilege, Confidentiality Orders, Disclosure of Personal Information, Procedural Directions, Extension of Time, Costs
Administrative Law Privacy Law Tribunal Practice and Procedure Client Legal Privilege Confidentiality Orders Disclosure of Personal Information Procedural Directions Extension of Time +1 more

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Parties

EJX

Applicant

University of Newcastle

Respondent

Procedural Posture

Tribunal Review of Administrative Decision / Interlocutory (procedural) Ruling

Legal Issues

  1. 1 Whether certain documents are protected by client legal privilege and should not be lodged with the Tribunal under s 58 of the Administrative Decisions Review Act 1997
  2. 2 Whether publication or disclosure of specified documents should be prohibited or restricted under s 64 of the Civil and Administrative Tribunal Act 2013
  3. 3 Whether the disclosure of names and identifying information of University employees should be prohibited

Ratio Decidendi

The 8 December 2020 and 11 December 2020 documents were protected by client legal privilege as they were confidential communications created for the dominant purpose of providing legal advice by a qualified in-house lawyer to the University. The University’s delay in making the privilege and confidentiality applications was not deliberate or unreasonable and an extension of time was granted. The disclosure or publication of these documents and of the identities of certain University employees was restricted to protect privacy and health and safety, and costs were not awarded to the applicant as there were no special circumstances.

Court Disposition

University's applications for privilege and confidentiality orders granted; applicant's costs application dismissed.

Orders

  • University of Newcastle not required to lodge 8 December 2020 and 11 December 2020 documents under s 58 of the Administrative Decisions Review Act 1997.
  • Publication of the 8 December 2020 and 11 December 2020 documents or their contents is prohibited until further order.