Ding and Ding (No. 3)

Case

[2017] FamCA 1186

15 June 2017


Details
AGLC Case Decision Date
Ding and Ding (No. 3) [2017] FamCA 1186 [2017] FamCA 1186 15 June 2017

CaseChat Overview and Summary

In the matter of *Ding and Ding (No. 3)*, Cronin J of the Family Court of Australia considered a dispute concerning the admissibility of a document into evidence. The wife sought to rely on a document that had come into the husband's possession, to which the husband claimed legal professional privilege.

The central legal issue before the Court was whether the husband had lost legal professional privilege over the document by virtue of it coming into the wife's possession. The Court was required to determine if the circumstances of the document's transfer or discovery had waived the privilege.

Cronin J ruled that the document remained protected by legal professional privilege. The Court's reasoning, though not detailed in the provided text, led to the conclusion that the privilege had not been lost. Consequently, the Court ordered that the document sought to be adduced into evidence is protected by legal professional privilege.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Privilege

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

14

Statutory Material Cited

1

Grant v Downs [1976] HCA 63