Cleary v Rinaudo

The case of Cleary v Rinaudo involved the appellant, Cleary, challenging the decision of the respondent, Rinaudo, regarding the disclosure of documents in a personal injury claim. The matter was heard in the Supreme Court of Victoria. The primary issue before the court was whether the respondent, a lawyer, was required to disclose documents that were subject to professional privilege to the appellant. Additionally, the court had to determine if there was an ongoing obligation to disclose such documents after the privilege had been waived or lost.

The court found that the obligation to disclose documents subject to professional privilege is contingent upon the circumstances under which the privilege was waived or lost. In this instance, the court held that since the privilege was waived, there was no ongoing obligation to disclose the documents. The court emphasised that the obligation to disclose is tied to the preservation of the privilege and that once the privilege is waived, the obligation ceases. Consequently, the court dismissed the appeal and ordered the appellant to pay the costs of the proceeding.