Moran v Moran [No 6] [2000] NSWSC 240

Moran v Moran [No 6] [2000] NSWSC 240

By revealing the nature of legal advice and understanding upon which the s86 Deed was signed, the plaintiff has waived legal professional privilege to the extent that fairness requires defendants be given access to relevant solicitor files as they relate to the advice around the Deed and instructions given in connection with related family law matters.

Parties
Plaintiff: Kristina Moran; First Defendant: Douglas John Moran; Second Defendant: Greta Richmond Moran; Third Defendant: Peter Moran; Fourth Defendant: Moran Health Care Group Pty Ltd; Fifth Defendant: Doug Moran Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
08 March 2000
Procedural Posture
Application in Civil Proceedings / Interlocutory, Determination of Application for Production of Privileged Documents
Outcome
Application granted in part; defendants to have access to documents revealing advice relating to the Deed and instructions to solicitors.
Legal Topics
Legal Professional Privilege, Implied Waiver of Privilege, Disclosure of Documents
Evidence Civil Procedure Legal Professional Privilege Implied Waiver of Privilege Disclosure of Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Kristina Moran

Plaintiff

Douglas John Moran

First Defendant

Greta Richmond Moran

Second Defendant

Peter Moran

Third Defendant

Moran Health Care Group Pty Ltd

Fourth Defendant

Doug Moran Holdings Pty Ltd

Fifth Defendant

Procedural Posture

Application in Civil Proceedings / Interlocutory, Determination of Application for Production of Privileged Documents

Legal Issues

  1. 1 Whether the plaintiff has impliedly waived legal professional privilege over certain legal advice and solicitor files
  2. 2 Whether the defendants are entitled to access files of solicitors previously consulted by the plaintiff

Ratio Decidendi

By revealing the nature of legal advice and understanding upon which the s86 Deed was signed, the plaintiff has waived legal professional privilege to the extent that fairness requires defendants be given access to relevant solicitor files as they relate to the advice around the Deed and instructions given in connection with related family law matters.

Court Disposition

Application granted in part; defendants to have access to documents revealing advice relating to the Deed and instructions to solicitors.

Orders

  • Defendants to have access to solicitor files, specifically documents which reveal or may reveal advice provided in respect of the Deed under s86 Family Law Act.
  • Defendants to be entitled to access documents revealing the issue posed for Messrs Laurence and Laurence (the instructions), though not the privileged advice provided by them.