Barnes and Barnes & Anor (No. 2)

In *Barnes and Barnes & Anor (No. 2)*, the wife sought to resist discovery on the grounds of legal professional privilege. The second respondent sought to have the privilege set aside. The wife had also made allegations of collusion against the second respondent in relation to injunctive relief, which she subsequently withdrew. The matter came before Cronin J in the Family Court of Australia.

The primary legal issue before the court was whether the wife had waived legal professional privilege by her conduct, thereby entitling the second respondent to discovery. A secondary issue concerned the costs arising from the wife's withdrawn allegations of collusion.

Cronin J found that the wife had not acted inconsistently with the maintenance of legal professional privilege and therefore no waiver had occurred. Consequently, the application by the second respondent for discovery was dismissed. The court also ordered that the wife pay the costs incurred by the second respondent and the husband in responding to her abandoned allegations of collusion. The determination of other costs associated with the proceedings was to be dealt with by written submissions.