The University of Western Australia v Gray (No 14) [2007] FCA 410

The University of Western Australia v Gray (No 14) [2007] FCA 410

Legal professional privilege was not waived by references to legal advice in unproved affidavit material or by pleading absence of malice; privilege over pre-action legal advice is maintained.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 March 2007
Procedural Posture
Ruling on Evidence/privilege in Ongoing Proceedings / Interlocutory Application/preliminary Ruling
Outcome
Contestation that privilege was waived rejected; privilege maintained.
Legal Topics
['legal Professional Privilege' 'waiver of Privilege' 'affidavit Evidence']
['evidence' 'civil Procedure'] ['legal Professional Privilege' 'waiver of Privilege' 'affidavit Evidence']

Source-derived case record

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Procedural Posture

Ruling on Evidence/privilege in Ongoing Proceedings / Interlocutory Application/preliminary Ruling

Legal Issues

  1. 1 ['Whether legal professional privilege over pre-action legal advice was waived by the University of Western Australia.' 'Whether references in unproved affidavits or non-malice pleas constituted waiver of privilege.']

Ratio Decidendi

Legal professional privilege was not waived by references to legal advice in unproved affidavit material or by pleading absence of malice; privilege over pre-action legal advice is maintained.

Court Disposition

Contestation that privilege was waived rejected; privilege maintained.

Orders

  • ['Legal professional privilege over pre-action legal advice not waived.']