SQMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 241

SQMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 241

By raising, as grounds of appeal, matters directly concerning their communications with their former solicitor after 8 September 2003, the applicants acted inconsistently with maintaining privilege, leading to an implied waiver of privilege over those communications. The respondent is therefore permitted to inspect relevant documents created on or after 8 September 2003.

Parties
Applicant: SQMB; Applicant: SQNB; Respondent: Minister for Immigration & Multicultural & Indigenous Affairs
Jurisdiction
Australia
Judgment Date
16 March 2004
Procedural Posture
Practice and Procedure / Application for Leave to Inspect Documents (interlocutory)
Outcome
Leave to inspect part of former solicitor's file granted
Legal Topics
Legal Professional Privilege, Implied Waiver, Inspection of Documents
Evidence Practice and Procedure Legal Professional Privilege Implied Waiver Inspection of Documents

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Parties

SQMB

Applicant

SQNB

Applicant

Minister for Immigration & Multicultural & Indigenous Affairs

Respondent

Procedural Posture

Practice and Procedure / Application for Leave to Inspect Documents (interlocutory)

Legal Issues

  1. 1 Whether the applicants, by raising grounds of appeal relating to their communications with their former solicitor, have impliedly waived legal professional privilege over those communications

Ratio Decidendi

By raising, as grounds of appeal, matters directly concerning their communications with their former solicitor after 8 September 2003, the applicants acted inconsistently with maintaining privilege, leading to an implied waiver of privilege over those communications. The respondent is therefore permitted to inspect relevant documents created on or after 8 September 2003.

Court Disposition

Leave to inspect part of former solicitor's file granted

Orders

  • Counsel for the respondent have leave to inspect that part of the file produced to the Court by the applicants' former solicitor on 17 February 2004 pursuant to subpoena, which was created on or after 8 September 2003.