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.
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
Key Legal Topics
Areas of Law
-
Family Law
-
Evidence
-
Civil Procedure
Legal Concepts
-
Privilege
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Ding and Ding (No. 3) [2017] FamCA 1186
Cases Citing This Decision
0
Cases Cited
14
Statutory Material Cited
1
Grant v Downs
[1976] HCA 63
Ji v Bluestars Real Estate Pty Ltd
[2018] VSC 11