Starr v Superannuation Administration Corporation [2015] NSWCATAD 76

Starr v Superannuation Administration Corporation [2015] NSWCATAD 76

The Evidence Act 1995 (NSW) client legal privilege provisions applied to the privilege question under cl 5(1) of Schedule 1 to the GIPA Act. The external lawyers' advice to STC was a confidential communication or document prepared for the dominant purpose of providing legal advice and was privileged under s 118. STC...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 April 2015
Procedural Posture
Administrative Review of a Decision Under the Government Information (public Access) Act 2009 (nsw) Refusing Access to Government Information / On the Papers; Principal Judgment
Outcome
The respondent's decision was set aside and a substituted decision was made granting partial access to the information sought.
Legal Topics
['access to Information' 'client Legal Privilege' 'legal Professional Privilege' 'advice Privilege' 'waiver of Privilege' 'whether Common Law or Evidence Act 1995 Applies']
['administrative Law' 'government Information Access' 'evidence'] ['access to Information' 'client Legal Privilege' 'legal Professional Privilege' 'advice Privilege' 'waiver of Privilege' 'whether Common Law or Evidence Act 1995 Applies']

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Procedural Posture

Administrative Review of a Decision Under the Government Information (public Access) Act 2009 (nsw) Refusing Access to Government Information / On the Papers; Principal Judgment

Legal Issues

  1. 1 ['Whether the information sought would be privileged from production in legal proceedings on the ground of client legal privilege or legal professional privilege.' 'Whether cl 5(1) of Schedule 1 to the Government Information (Public Access) Act 2009 (NSW) refers to legal professional privilege at common law or client legal privilege under the Evidence Act 1995 (NSW).' "Whether advice privilege applied to the external lawyers' advice provided to SAS Trustee Corporation." 'Whether privilege was waived when SAS Trustee Corporation provided the advice to the respondent.' 'Whether all parts of the communication from SAS Trustee Corporation to the respondent attracted privilege.']

Ratio Decidendi

The Evidence Act 1995 (NSW) client legal privilege provisions applied to the privilege question under cl 5(1) of Schedule 1 to the GIPA Act. The external lawyers' advice to STC was a confidential communication or document prepared for the dominant purpose of providing legal advice and was privileged under s 118. STC did not waive privilege by forwarding the advice to the respondent because, in the circumstances, the disclosure was a confidential communication within s 122(5)(a)(i). However, only the parts of the STC communication that would disclose the contents of the privileged advice were protected; the remaining parts did not attract s 118 and had to be disclosed.

Court Disposition

The respondent's decision was set aside and a substituted decision was made granting partial access to the information sought.

Orders

  • ['The name of the respondent is changed from Pillar Administration to Superannuation Administration Corporation.' 'The decision of the respondent is set aside and the following decision is made in substitution for it: The respondent is to provide the applicant with access to information contained in the two page...