Burrows v Council for the Law Society of New South Wales [2018] NSWSC 235

Burrows v Council for the Law Society of New South Wales [2018] NSWSC 235

The Law Society voluntarily produced the documents to the Court and therefore waived its rights under s 468 of the Legal Profession Uniform Law 2014 (NSW), leaving the question whether Ms Burrows should have access to them. On Ms Foord's evidence and the Court's inspection, the documents were confidential communications between Ms Foord and the Council made for the dominant purpose of giving legal advice about resolutions concerning Ms Burrows' practising certificate and the appointment and termination of a manager. Section 118 of the Evidence Act 1995 (NSW) was engaged, so access was refused.

Jurisdiction
Australia
Judgment Date
02 March 2018
Procedural Posture
Procedural and Other Rulings; Notice of Motion Concerning Access to Subpoenaed Documents and Privilege / Hearing of Objection to Inspection of Documents Produced to Court Under Subpoena
Outcome
Access sought to the documents produced to Court is refused.
Legal Topics
['subpoena' 'client Legal Privilege' 's 118 Evidence Act 1995 (nsw)' 'waiver' 's 468 Legal Profession Uniform Law 2014 (nsw)' 'non Compellability']
['evidence' 'legal Profession Regulation' 'civil Procedure'] ['subpoena' 'client Legal Privilege' 's 118 Evidence Act 1995 (nsw)' 'waiver' 's 468 Legal Profession Uniform Law 2014 (nsw)' 'non Compellability']

Case Brief

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Procedural Posture

Procedural and Other Rulings; Notice of Motion Concerning Access to Subpoenaed Documents and Privilege / Hearing of Objection to Inspection of Documents Produced to Court Under Subpoena

Legal Issues

  1. 1 ['Whether documents produced by the Law Society to the Court in answer to a subpoena were protected by client legal privilege under s 118 of the Evidence Act 1995 (NSW).' "Whether the Law Society's production of the documents to the Court waived any right under s 468 of the Legal Profession Uniform Law 2014 (NSW)." 'Whether Ms Burrows should be given access to the subpoenaed documents.']

Ratio Decidendi

The Law Society voluntarily produced the documents to the Court and therefore waived its rights under s 468 of the Legal Profession Uniform Law 2014 (NSW), leaving the question whether Ms Burrows should have access to them. On Ms Foord's evidence and the Court's inspection, the documents were confidential communications between Ms Foord and the Council made for the dominant purpose of giving legal advice about resolutions concerning Ms Burrows' practising certificate and the appointment and termination of a manager. Section 118 of the Evidence Act 1995 (NSW) was engaged, so access was refused.

Court Disposition

Access sought to the documents produced to Court is refused.

Orders

  • ['Access sought to the documents produced to Court is refused.']