Norman v O’Mahony [2006] FCA 1169

Norman v O’Mahony [2006] FCA 1169

Applicant's failure to claim privilege within a reasonable period after the Concord and Rosebery searches, despite knowledge and opportunity, was inconsistent with maintenance of privilege and constituted implied waiver, except for documents not previously seized or whose contents had not been disclosed.

Jurisdiction
Australia
Judgment Date
08 September 2006
Procedural Posture
Application for Declaration Regarding Legal Professional Privilege / Judgment
Outcome
Legal professional privilege has been waived in respect of most documents; privilege remains for two specific documents.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'implied Waiver' 'search Warrant Proceedings']
['practice and Procedure'] ['legal Professional Privilege' 'waiver of Privilege' 'implied Waiver' 'search Warrant Proceedings']

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Procedural Posture

Application for Declaration Regarding Legal Professional Privilege / Judgment

Legal Issues

  1. 1 ['Whether omission to claim legal professional privilege amounts to waiver of privilege over seized documents' 'Whether privilege remains or is waived for documents seized in multiple searches' 'Whether privilege attaches to documents identical to previously seized documents']

Ratio Decidendi

Applicant's failure to claim privilege within a reasonable period after the Concord and Rosebery searches, despite knowledge and opportunity, was inconsistent with maintenance of privilege and constituted implied waiver, except for documents not previously seized or whose contents had not been disclosed.

Court Disposition

Legal professional privilege has been waived in respect of most documents; privilege remains for two specific documents.

Orders

  • ['Legal professional privilege attaches to documents 1(c) and 1(l) itemised in the summons.' 'Legal professional privilege has been waived in respect of documents 1(a), 1(b), 1(d), 1(e), 1(f), 1(g), 1(h), 1(i), 1(j), 1(k), 1(m), 1(n) and 1(o) identified in the summons.' "Applicant to pay respondents' costs."]