Joseph v Spencer

• 1. Practice and Procedure
  2. › Notices to produce
  3. › Uniform Civil Procedure Rules 2005 (NSW), r 21.10
  4. › Relevance to a fact in issue
  5. › Whether documents sought relevant to grounds of judicial review as currently pleaded
  6. › Whether applicant can rely on foreshadowed amendments not yet made
• 1. Evidence
  2. › Client legal privilege
  3. › Waiver under s 122 of Evidence Act 1995 (NSW)
  4. › Whether filing of document influenced by expert's views constitutes disclosure of those views
  5. › Whether expert's agreement to be bound by expert witness code of conduct waives privilege
  6. › Whether provision of joint expert report to court waives privilege in prior drafts and communications
• 1. Evidence
  2. › Client legal privilege
  3. › Loss of privilege for misconduct under s 125 of Evidence Act 1995 (NSW)
  4. › Whether reasonable grounds for finding deliberate abuse of power
  5. › Onus of proof on party asserting loss of privilege
• 1. Practice and Procedure
  2. › Conciliation conference privilege
  3. › Land and Environment Court Act 1979 (NSW), s 34(11)
  4. › Whether provision enables production of documents to be resisted as well as admission
  5. › Whether purpose must be dominant purpose
  6. › Whether protection extends to documents prepared for s 34(3) determination
  7. › Whether protection ends when final version presented to commissioner

Quick Take