Carter v Managing Partner, Northmore Hale Davy & Leake [1995] HCA 33

Carter v Managing Partner, Northmore Hale Davy & Leake [1995] HCA 33

Legal professional privilege attaches as a matter of substantive law and is not overridden in favour of an accused's interests in criminal proceedings except where the privilege does not attach (due to, for example, fraud or crime) or is waived. There is no judicially-created exception admitting the production of privileged documents merely because they may assist the defence of the accused. Any such exception, if it is to be created, is a matter for the legislature, not the courts.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / High Court of Australia on Appeal From Full Court of the Supreme Court of Western Australia
Outcome
Appeal dismissed
Legal Topics
['legal Professional Privilege' 'exception to Privilege in Criminal Proceedings' 'disclosure of Privileged Documents' 'fair Trial Rights' 'subpoenas Duces Tecum']
['criminal Law' 'evidence Law'] ['legal Professional Privilege' 'exception to Privilege in Criminal Proceedings' 'disclosure of Privileged Documents' 'fair Trial Rights' 'subpoenas Duces Tecum']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / High Court of Australia on Appeal From Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 ["Whether legal professional privilege protects documents from production to an accused in a criminal trial when those documents may establish the accused's innocence or materially assist the defence, but the privilege is not waived."]

Ratio Decidendi

Legal professional privilege attaches as a matter of substantive law and is not overridden in favour of an accused's interests in criminal proceedings except where the privilege does not attach (due to, for example, fraud or crime) or is waived. There is no judicially-created exception admitting the production of privileged documents merely because they may assist the defence of the accused. Any such exception, if it is to be created, is a matter for the legislature, not the courts.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed with costs']