Griffiths v Rose [2010] FCA 964

Griffiths v Rose [2010] FCA 964

The disputed documents were created for the dominant purpose of obtaining or giving legal advice or assistance, or for use in legal proceedings, and were privileged. Procedural fairness did not prevent the confidentiality necessary for legal professional privilege from arising, because the duty to disclose adverse credible, relevant and significant information does not extend to a decision maker's legal advice, thought processes or analyses of legal principle, and no non-privileged information was identified in the documents.

Jurisdiction
Australia
Judgment Date
31 August 2010
Procedural Posture
Judicial Review / Interlocutory Judgment Concerning Respondents' Refusal to Comply With the Applicant's Notice to Produce Dated 29 May 2010
Outcome
Respondents relieved from producing the disputed documents; applicant ordered to pay the respondents' costs associated with the notice to produce and interlocutory hearing.
Legal Topics
['legal Professional Privilege' 'procedural Fairness' 'natural Justice' 'notice to Produce' 'confidentiality of Legal Advice' 'australian Public Service Code of Conduct']
['evidence' 'administrative Law'] ['legal Professional Privilege' 'procedural Fairness' 'natural Justice' 'notice to Produce' 'confidentiality of Legal Advice' 'australian Public Service Code of Conduct']

Case Brief

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Procedural Posture

Judicial Review / Interlocutory Judgment Concerning Respondents' Refusal to Comply With the Applicant's Notice to Produce Dated 29 May 2010

Legal Issues

  1. 1 ['Whether the disputed documents were protected by legal professional privilege.' 'Whether procedural fairness or natural justice prevented the confidentiality necessary for legal professional privilege from arising in legal advice to administrative decision makers.' 'Whether an administrative decision maker must disclose adverse legal advice said to be credible, relevant and significant to the decision.' 'Whether any information in the disputed documents was not privileged.']

Ratio Decidendi

The disputed documents were created for the dominant purpose of obtaining or giving legal advice or assistance, or for use in legal proceedings, and were privileged. Procedural fairness did not prevent the confidentiality necessary for legal professional privilege from arising, because the duty to disclose adverse credible, relevant and significant information does not extend to a decision maker's legal advice, thought processes or analyses of legal principle, and no non-privileged information was identified in the documents.

Court Disposition

Respondents relieved from producing the disputed documents; applicant ordered to pay the respondents' costs associated with the notice to produce and interlocutory hearing.

Orders

  • ['The respondents are relieved from producing the documents listed in Schedule 1 to these reasons sought by the applicant in its Notice to Produce dated 29 May 2010 on the basis that those documents are the subject of legal professional privilege.' "The applicant is to pay the respondents' costs of and associated...