Herron v HarperCollins Publishers Australia Pty Ltd [2020] FCA 805

Herron v HarperCollins Publishers Australia Pty Ltd [2020] FCA 805

MFI1 was a confidential document prepared for the dominant purpose of Dr Herron being provided with professional legal services relating to the Supreme Court proceedings and was protected by s 119 of the Evidence Act 1995 (Cth). MFI2 and MFI3 were not shown to have been prepared for the dominant purpose required by ss 118 or 119. Section 17(2) of the Royal Commissions Act 1923 (NSW) did not prevent use of the Royal Commission documents because the respondents sought to deploy them to defend proceedings brought by the applicants, not to establish civil liability or criminal responsibility against the applicants.

Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Practice and Procedure / Ruling on the Use of Three Documents Produced to a Royal Commission
Outcome
The Court held that MFI1 was privileged under s 119 of the Evidence Act 1995 (Cth), that MFI2 and MFI3 were not privileged under ss 118 or 119, and that s 17(2) of the Royal Commissions Act 1923 (NSW) did not prevent use of the Royal Commission documents in the proceeding.
Legal Topics
['documents Produced Under Compulsion at Royal Commission' 'client Legal Privilege Under Ss 118 and 119 of the Evidence Act 1995 (cth)' 'dominant Purpose of Provision of Legal Advice or Legal Services' 'statutory Protection Under S 17(2) of the Royal Commissions Act 1923 (nsw)']
['practice and Procedure' 'evidence' 'legal Professional Privilege' 'royal Commissions'] ['documents Produced Under Compulsion at Royal Commission' 'client Legal Privilege Under Ss 118 and 119 of the Evidence Act 1995 (cth)' 'dominant Purpose of Provision of Legal Advice or Legal Services' 'statutory Protection Under S 17(2) of the Royal Commissions Act 1923 (nsw)']

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Procedural Posture

Practice and Procedure / Ruling on the Use of Three Documents Produced to a Royal Commission

Legal Issues

  1. 1 ['Whether documents 11, 15 and 17 were protected by ss 118 or 119 of the Evidence Act 1995 (Cth).' 'Whether production of a privileged document under compulsion to the Royal Commission waived privilege.' 'Whether s 17(2) of the Royal Commissions Act 1923 (NSW) prevented the respondents from using documents produced to the Royal Commission to defend the proceedings.']

Ratio Decidendi

MFI1 was a confidential document prepared for the dominant purpose of Dr Herron being provided with professional legal services relating to the Supreme Court proceedings and was protected by s 119 of the Evidence Act 1995 (Cth). MFI2 and MFI3 were not shown to have been prepared for the dominant purpose required by ss 118 or 119. Section 17(2) of the Royal Commissions Act 1923 (NSW) did not prevent use of the Royal Commission documents because the respondents sought to deploy them to defend proceedings brought by the applicants, not to establish civil liability or criminal responsibility against the applicants.

Court Disposition

The Court held that MFI1 was privileged under s 119 of the Evidence Act 1995 (Cth), that MFI2 and MFI3 were not privileged under ss 118 or 119, and that s 17(2) of the Royal Commissions Act 1923 (NSW) did not prevent use of the Royal Commission documents in the proceeding.

Orders

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