FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CL Effect on legal professional privilege and other privileges and duties etc.

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CL

Litigation privilege not an excuse for failing to comply with pre - trial disclosure requirements

  (1)   A party is not excused from disclosing material under this Subdivision on the basis of litigation privilege claimed by the party in relation to the material.

Note:   The party can still be excused from disclosing material on the basis of advice privilege (that is, privilege that would, if the material were evidence to be adduced in the Court, protect against a disclosure covered by section   118 of the Evidence Act 1995 ).

  (2)   This Subdivision does not otherwise:

  (a)   abrogate or affect the law relating to legal professional privilege; or

  (b)   amount to a waiver of legal professional privilege.

Note:   This means, for example, that legal professional privilege will apply for the trial.

Other privileges and duties unaffected

  (3)   This Subdivision does not abrogate or affect:

  (a)   the operation of the National Security Information (Criminal and Civil Proceedings) Act 2004 ; or

  (b)   the law relating to public interest immunity.

  (4)   This Subdivision does not abrogate or affect the law relating to any duty of a person investigating the accused to ensure that information and other things are disclosed to the prosecutor or the accused.

Definitions

  (5)   In this section:

"legal professional privilege" includes privilege (however described) under Division   1 of Part   3.10 of the Evidence Act 1995 , or a similar law of a State or Territory.

"litigation privilege" means privilege (however described) that would, if the material were evidence to be adduced in the Court, protect against a disclosure covered by section   119 of the Evidence Act 1995 .