Bloomfield and Grainger and Anor (No 2)

In *Bloomfield and Grainger and Anor (No 2)*, Hogan J of the Federal Court of Australia considered an application by the Applicant concerning the production of documents. The Applicant sought documents created or modified up to and including 1 November 2012, in respect of which the First Respondent claimed privilege in a List of Documents dated 15 June 2016.

The central legal issue before the Court was whether the Applicant was entitled to the production of these documents at that stage of the proceedings, or if the determination of privilege and the consequent production should be reserved for the trial Judge.

Hogan J determined that the costs associated with this specific part of the application, relating to the production of documents claimed to be privileged, should be reserved to the trial Judge. This approach allows the trial Judge to have the final say on the matter, considering all evidence and arguments in the context of the entire case at trial. The Court made no final determination on the substantive issue of privilege or production at this interlocutory stage, deferring that decision.