Ewin v Vergara (No 2) [2012] FCA 1518

Ewin v Vergara (No 2) [2012] FCA 1518

The respondent, having already given evidence in chief and without objection in cross-examination on topics relevant to the privilege claim, waived the privilege for those topics. Therefore, no reasonable grounds remained for the broad privilege objection under s 128 Evidence Act 1995 (Cth), and the objection was disallowed with liberty to raise objections on new topics.

Jurisdiction
Australia
Judgment Date
12 December 2012
Procedural Posture
Civil / Interlocutory Decision on Privilege Objection During Trial
Outcome
Objection disallowed
Legal Topics
['privilege Against Self Incrimination' 'sexual Harassment' 'waiver of Privilege' 'evidentiary Objections']
['evidence' 'discrimination Law'] ['privilege Against Self Incrimination' 'sexual Harassment' 'waiver of Privilege' 'evidentiary Objections']

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Procedural Posture

Civil / Interlocutory Decision on Privilege Objection During Trial

Legal Issues

  1. 1 ["Whether reasonable grounds exist for a witness's objection based on privilege against self-incrimination under s 128 Evidence Act 1995 (Cth)" 'Whether the privilege is inapplicable after voluntary evidence is given' 'Whether common law waiver principles apply to s 128' 'Whether prior statements or admissions constitute waiver of privilege']

Ratio Decidendi

The respondent, having already given evidence in chief and without objection in cross-examination on topics relevant to the privilege claim, waived the privilege for those topics. Therefore, no reasonable grounds remained for the broad privilege objection under s 128 Evidence Act 1995 (Cth), and the objection was disallowed with liberty to raise objections on new topics.

Court Disposition

Objection disallowed

Orders

  • ['Objection to giving evidence under privilege against self-incrimination is overruled' 'Respondent may raise further objections on topics not previously covered in evidence']