Michael Wolf v Armstrong Miller and McLaren Pty Limited [2005] NSWIRComm 92

Michael Wolf v Armstrong Miller and McLaren Pty Limited [2005] NSWIRComm 92

Privilege extends to communications between the applicant and his industrial advocate in these circumstances under Rule 186(7), as special grounds are satisfied given confidential settlement negotiations with litigation contemplated. The applicant's claim for privilege is allowed subject to further consideration on waiver and specific documents at a later evidentiary stage.

Parties
Applicant: Michael Wolf; Respondent: Armstrong Miller & McLaren Pty Limited
Jurisdiction
Australia
Judgment Date
29 March 2005
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Motion to Set Aside Summons to Produce Documents
Outcome
Applicant's claim for privilege in relation to the documents is allowed under Rule 186, production of documents referred to in paragraphs 2-4 of the summons and the s126B claim are reserved for later determination.
Legal Topics
Legal Professional Privilege, Industrial Advocacy, Confidentiality, Construction of Rule 186, Production of Documents
Industrial Law Evidence Law Legal Professional Privilege Industrial Advocacy Confidentiality Construction of Rule 186 Production of Documents

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Parties

Michael Wolf

Applicant

Armstrong Miller & McLaren Pty Limited

Respondent

Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Motion to Set Aside Summons to Produce Documents

Legal Issues

  1. 1 Whether documents sought from an industrial advocate are privileged
  2. 2 Proper construction of Rule 186(7)
  3. 3 Whether communications between applicant and industrial advocate are confidential

Ratio Decidendi

Privilege extends to communications between the applicant and his industrial advocate in these circumstances under Rule 186(7), as special grounds are satisfied given confidential settlement negotiations with litigation contemplated. The applicant's claim for privilege is allowed subject to further consideration on waiver and specific documents at a later evidentiary stage.

Court Disposition

Applicant's claim for privilege in relation to the documents is allowed under Rule 186, production of documents referred to in paragraphs 2-4 of the summons and the s126B claim are reserved for later determination.

Orders

  • Application to set aside summons to produce documents is allowed in part: privilege is extended to documents in issue under Rule 186(7).
  • Production of documents in paragraphs 2-4 of the summons and application under s126B of Evidence Act 1995 are reserved.