Clifford v Vegas Enterprises Pty Ltd (No 2) [2010] FCA 36

Clifford v Vegas Enterprises Pty Ltd (No 2) [2010] FCA 36

Privilege was waived with respect to the affidavit of Harvey Pickup when it was tendered and provided to the wife and her legal representatives in Family Court proceedings; respondents are entitled to inspect the copy retained by the applicant as no continuing litigation privilege attaches.

Jurisdiction
Australia
Judgment Date
03 February 2010
Procedural Posture
Notice of Motion / Interlocutory Application
Outcome
Interlocutory orders granted
Legal Topics
['discovery' 'legal Professional Privilege' 'litigation Privilege' 'waiver of Privilege' 'production of Transcript']
['practice and Procedure' 'evidence'] ['discovery' 'legal Professional Privilege' 'litigation Privilege' 'waiver of Privilege' 'production of Transcript']

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Procedural Posture

Notice of Motion / Interlocutory Application

Legal Issues

  1. 1 ['Whether order should be made for production and inspection of Family Court transcript' 'Whether applicant is entitled to redact affidavit material in discovery' 'Whether litigation privilege attaches or is waived for a copy of affidavit not tendered in court']

Ratio Decidendi

Privilege was waived with respect to the affidavit of Harvey Pickup when it was tendered and provided to the wife and her legal representatives in Family Court proceedings; respondents are entitled to inspect the copy retained by the applicant as no continuing litigation privilege attaches.

Court Disposition

Interlocutory orders granted

Orders

  • ['Registrar to request and produce Family Court transcript; counsel may inspect transcript under confidentiality undertaking; Court to decide relevance if counsel disagree.' 'Applicant to make full discovery of specified unredacted materials and attachments in discovery affidavit.' 'Respondents entitled to inspect...