Turner v Bayer Australia (Privilege Ruling)
Supreme Court of Victoria
Matthews AsJ
10/03/2023
[2023] VSC 104
Practice and procedure — Discovery — Production of discovered documents — Legal professional privilege — Litigation privilege — Claiming privilege — Evidence to support claim for privilege — Reliance on privilege claims made in overseas proceeding — Whether overseas claim sufficient — Whether to allow further evidence in support of claim — Evidence Act 2008 (Vic), ss 118, 119
Practice and procedure — Discovery — Production of discovered documents — Legal professional privilege — Advice privilege — Emails between non-lawyers copied to lawyers — Circumstances in which advice privilege attracted — ‘Receiving’ legal advice — ‘Passing on’ legal advice — Documents showing editing by lawyer — Calendar invitations — Attachments to privileged emails — Documents which disclose the existence of legal advice — Requests for legal advice which do not disclose the substance of the advice — Whether necessary expressly to state ‘dominant purpose’ in claiming privilege — Adducing evidence of ‘dominant purpose’ — Evidence Act 2008 (Vic), ss 118, 119
Read the judgment here.