Dalglish v MDRN Pty Ltd

In this matter before Judge Cassidy, the applicant sought to argue that an email dated 13 December 2011 was privileged and therefore inadmissible as evidence. The respondent, MDRN Pty Ltd, had attached this email to an affidavit, and it had been admitted into evidence without objection during the proceedings. The applicant's argument was that the email constituted a communication made in connection with an attempt to negotiate a settlement of a dispute, and thus was excluded by section 131(1)(b) of the Evidence Act 1995 (Cth).

The primary legal issue before the court was whether the email of 13 December 2011 was properly excluded from evidence on the grounds of privilege under section 131(1)(b) of the Evidence Act 1995 (Cth). The court was also required to consider the relevance of the case of *Field v Commissioner for Railways (NSW)* and the definition of sexual harassment under section 119 of the Anti-Discrimination Act 1991 (Qld) in the context of the admitted evidence.

Judge Cassidy determined that the applicant's argument regarding the privilege of the email was not available as a matter of law. The court reasoned that the email had been admitted into evidence without objection, and that any privilege had been waived by the consent of the person in dispute to its adduction. The court noted that the applicant had raised other objections to evidence prior to the trial dates, but had not raised this specific objection concerning the email. Consequently, the court found that it was not open to the applicant to argue for its exclusion at this stage. The court also clarified that *Field v Commissioner for Railways (NSW)* was not relevant as it concerned the exclusion of evidence from settlement negotiations, whereas in this case, no such exclusion had occurred. The court accepted that an earlier email from Mr Shane McCarthy on 12 December 2011 indicated an intention to investigate complaints rather than dismiss the applicant.