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Event and Time
Event Description
On June 2, 2021, Justice Ginnane issued an order to address a Privilege Dispute regarding certain documents claimed as privileged by the defendants in an ongoing trial concerning the pre-selection resolutions of the Australian Labor Party (ALP). The hearing for this dispute took place on June 3, 2021.
Application and Claims
The defendants (First to Ninth, Eleventh, Fourteenth to Twenty-first, and Twenty-Third Defendants) claimed legal professional privilege over specific documents related to communications seeking legal advice from counsel in relation to correspondence from the Leader of the Federal Parliamentary Labor Party.
Judicial Decisions
The Judge delivered a ruling on June 4, 2021, affirming that the redacted portions of documents claimed by the defendants were privileged under sections 118 and 119 of the Evidence Act 2008 (Vic). The documents were found to contain communications made for the dominant purpose of obtaining and providing legal advice and legal services in connection with an anticipated proceeding.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs' Arguments:
- Disputed the privilege claims on the basis that some communications did not occur directly between a client and an attorney. - Claimed that the documents did not relate to an anticipated proceeding, specifically contesting the interpretation of the AFR Article citing its publication timeline.
- Defendants' Arguments:
- Asserted that the documents were indeed privileged as they contained communications with clients through authorized agents for legal advice. - Contended that the AFR Article clearly signaled the potential for legal action, thus justifying claims for privilege under the Litigation Limb.