Howell v Macquarie University [2007] NSWADT 95

Howell v Macquarie University [2007] NSWADT 95

Except for certain documents where legal advice privilege clearly attaches (communications involving external solicitors providing legal advice), most documents relating to the investigation are not privileged because they were created for the dominant purpose of fulfilling the University's legal obligation to investigate, not for legal advice. Some information is exempt for personal affairs or business affairs reasons, but subject to redaction, many documents must be released. Confidentiality exemptions under Clause 13(b) were not made out for most materials due to lack of prejudice to future supply.

Jurisdiction
Australia
Judgment Date
20 April 2007
Procedural Posture
Freedom of Information/administrative Law / Principal Matter; Set for Further Directions
Outcome
Matter set down for further directions; no final orders on release made.
Legal Topics
['access to Documents' 'legal Professional Privilege' 'confidential Information' 'personal Affairs Exemption' 'business Affairs Exemption' 'statutory Interpretation']
['administrative Law' 'freedom of Information'] ['access to Documents' 'legal Professional Privilege' 'confidential Information' 'personal Affairs Exemption' 'business Affairs Exemption' 'statutory Interpretation']

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

Freedom of Information/administrative Law / Principal Matter; Set for Further Directions

Legal Issues

  1. 1 ['Whether documents requested under the Freedom of Information Act 1989 (NSW) are exempt from disclosure under claims of legal professional privilege, confidential material, personal affairs, or business affairs.' 'Whether proper purpose or waiver defeats any legal professional privilege claims.' 'Whether partial disclosure is practicable and in the public interest.']

Ratio Decidendi

Except for certain documents where legal advice privilege clearly attaches (communications involving external solicitors providing legal advice), most documents relating to the investigation are not privileged because they were created for the dominant purpose of fulfilling the University's legal obligation to investigate, not for legal advice. Some information is exempt for personal affairs or business affairs reasons, but subject to redaction, many documents must be released. Confidentiality exemptions under Clause 13(b) were not made out for most materials due to lack of prejudice to future supply.

Court Disposition

Matter set down for further directions; no final orders on release made.

Orders

  • ['The matter is to be set down for further directions on 22 May 2007 at 9:30 am.']