Bennett v Chief Executive Officer of the Australian Customs Service: 25 Aug 2004

Austlii (Federal Court of Australia) EVIDENCE – Privilege – Legal professional privilege – Waiver – Letter conveying substance and effect of legal advice to third party – Inconsistency between disclosure and confidentiality – Waiver imputed where final conclusion of legal advice stated – Voluntary disclosure of the conclusion of legal advice waives privilege in relation to undisclosed reasons for conclusion – Disclosure of one conclusion does not necessarily waive privilege in relation to undisclosed conclusions
FREEDOM OF INFORMATION – Appeal from Administrative Appeals Tribunal on question of law – Exempt documents – Documents privileged from production on grounds of legal professional privilege – Principles relating to waiver of privilege in documents otherwise exempt – Decision as to waiver involved an error on a question of law as to correct application of test for waiver of privilege
FREEDOM OF INFORMATION – Administrative Appeals Tribunal – Powers of Tribunal under Freedom of Information Act 1982 (Cth) s 58 – Tribunal empowered to review any decision made by an agency or Minister – Tribunal stands in shoes of relevant agency or Minister for purpose of administrative review – Power of Tribunal to review decision of agency or Minister not severable from power to determine threshold questions in relation to reviewable decision – Tribunal not empowered to review decision to claim exemption from disclosure on grounds of privilege without reviewing validity of privilege claim itself
FREEDOM OF INFORMATION – Exempt documents – Documents privileged from production on grounds of legal professional privilege – Documents containing privileged matter not exempt if used by relevant agency to determine entitlements or obligations of persons generally under an enactment or scheme administered by that agency – Legal advice provided in relation to particular case may fall within this category in some circumstances
ADMINISTRATIVE LAW – Limits upon power of Court on appeal from Administrative Appeals Tribunal
[2004] FCAFC 237
Cited by:
CitedBrennan and others v Sunderland City Council Unison GMB EAT 16-Dec-2008
No Waiver for disclosure of Advice
EAT PRACTICE AND PROCEDURE: Admissibility of evidence
The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and . .

These lists may be incomplete.
Updated: 01 May 2021; Ref: scu.344012