Jonsson, Martin Walderman v Marshall, Graeme Leigh & Anor [1998] FCA 1287

Jonsson, Martin Walderman v Marshall, Graeme Leigh & Anor [1998] FCA 1287

The documents fall within the terms of s 119 of the Evidence Act as confidential communications for legal services, and privilege is not excluded by s 125, as there is insufficient evidence that the documents were prepared in furtherance of an offence. The applicant is entitled to the declaration and consequential orders.

Jurisdiction
Australia
Judgment Date
06 October 1998
Procedural Posture
Application for Declaration and Consequential Orders / Final Judgment
Outcome
Application granted
Legal Topics
['client Legal Privilege' 'search Warrant' 'costs' 'proceeds of Crime']
['evidence' 'criminal Law'] ['client Legal Privilege' 'search Warrant' 'costs' 'proceeds of Crime']

Case Brief

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Procedural Posture

Application for Declaration and Consequential Orders / Final Judgment

Legal Issues

  1. 1 ['Whether documents seized under warrant are subject to client legal privilege' 'Whether privilege has been lost by reason of potential commission of an offence']

Ratio Decidendi

The documents fall within the terms of s 119 of the Evidence Act as confidential communications for legal services, and privilege is not excluded by s 125, as there is insufficient evidence that the documents were prepared in furtherance of an offence. The applicant is entitled to the declaration and consequential orders.

Court Disposition

Application granted

Orders

  • ['Documents seized from the applicant are subject to client legal privilege.' 'Documents referred to in the application be handed over to the applicant.' "Respondents pay two-thirds of the applicant's costs."]