Brereton, Graeme Edgar v Chubb Security Australia Pty Ltd [1998] FCA 33

Brereton, Graeme Edgar v Chubb Security Australia Pty Ltd [1998] FCA 33

Leave is granted for the amendment of the statement of facts so that the applicant may assert additional claims, but no ruling is made on the Court's jurisdiction over those additional claims and this question remains open for later determination. The claim for legal professional privilege over the documents is upheld as they are confidential communications with legal advisers for the purpose of obtaining legal advice; the application to inspect those documents is dismissed.

Jurisdiction
Australia
Judgment Date
29 January 1998
Procedural Posture
Industrial Law Application for Reinstatement and Compensation / Interlocutory Decision on Amendment of Statement of Facts and Privilege Claim
Outcome
Interlocutory orders made; leave to amend granted; claim of privilege upheld; application for inspection of documents dismissed.
Legal Topics
['unlawful Termination' 'breach of Employment Contract' 'disability Discrimination' 'legal Professional Privilege' 'jurisdiction']
['industrial Law' 'employment Law'] ['unlawful Termination' 'breach of Employment Contract' 'disability Discrimination' 'legal Professional Privilege' 'jurisdiction']

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Procedural Posture

Industrial Law Application for Reinstatement and Compensation / Interlocutory Decision on Amendment of Statement of Facts and Privilege Claim

Legal Issues

  1. 1 ['Whether leave should be granted for the applicant to amend the statement of facts to add additional claims, including breach of employment contract and discrimination claims under federal and state statutes' "Whether the respondent's claim of legal professional privilege over certain documents should be upheld"]

Ratio Decidendi

Leave is granted for the amendment of the statement of facts so that the applicant may assert additional claims, but no ruling is made on the Court's jurisdiction over those additional claims and this question remains open for later determination. The claim for legal professional privilege over the documents is upheld as they are confidential communications with legal advisers for the purpose of obtaining legal advice; the application to inspect those documents is dismissed.

Court Disposition

Interlocutory orders made; leave to amend granted; claim of privilege upheld; application for inspection of documents dismissed.

Orders

  • ["The applicant's Amended Statement of Facts filed on 10 November 1997 stand as his statement of facts." 'The application that the respondent make the documents described in paragraphs 31 (a), (b) and (c) of the affidavit of Glenn Murray available for inspection by the applicant be dismissed.']