Australian Securities and Investments Commission v Flugge (No 10)

The case of Australian Securities and Investments Commission v Flugge (No 10) involved the admissibility of various pieces of evidence, including solicitors' notes, transcripts, affidavits, foreign language documents, and excerpts from the Cole Commission Inquiry report. The matter was heard in the Supreme Court of Victoria. The primary dispute centred around whether these pieces of evidence met the criteria for admissibility under various sections of the Evidence Act 2008 (Vic).

The court had to address several key legal issues. These included whether the solicitors' notes could be admitted under sections 64, 69, and 135 of the Act. Specifically, the court examined whether these notes were business records and if the maker of the representation had personal knowledge of the facts. Additionally, the court considered whether the notes were made on the basis of information supplied, and if so, whether they should be excluded under section 135 of the Act. The admissibility of the transcript of evidence, affidavit, and foreign language document was also evaluated under section 63 of the Act, as well as the relevance and admissibility of the Cole Commission Inquiry report under section 60 of the Act.

The court found that the solicitors' notes were admissible under section 64 of the Act as business records. However, the notes were excluded under section 135 as they were deemed unreliable. The transcript of evidence and the affidavit were also admitted under section 63 of the Act. The foreign language document was excluded as it was not considered a business record. Finally, the court held that the Cole Commission Inquiry report could be admitted for a non-hearsay purpose under section 60 of the Act.

The court's final orders reflected these findings, admitting the relevant documents while excluding those that were deemed unreliable or not meeting the criteria for admissibility.