Dr Angus Mackinnon v BHP Steel (AIS) Pty Limited

Dr Angus Mackinnon brought proceedings against BHP Steel (AIS) Pty Limited in the Supreme Court of Queensland. The dispute revolved around the issue of whether the voluntary service of a medical report to the defendant waived the privilege held over certain documents referenced within the report. Dr Mackinnon contended that the privilege was not waived, while BHP Steel argued that the voluntary disclosure of the report constituted a waiver of privilege over the documents.

The central legal issue before the court was whether the voluntary service of a medical report, as required by the rules and/or directions of a court, waived the privilege in respect of the documents referred to in the report. The court had to determine whether such a disclosure constituted a voluntary disclosure or a disclosure under compulsion of law, and whether either of these scenarios would result in a waiver of privilege.

The Supreme Court found that the voluntary service of the medical report did not constitute a waiver of privilege over the documents referenced within the report. The court held that the disclosure was made voluntarily but not under compulsion of law, as it was required by the rules and/or directions of the court. Consequently, the privilege was not waived, and the documents remained protected. The court emphasised the importance of distinguishing between voluntary disclosure and disclosure under compulsion of law in determining whether privilege is waived.

The court ordered that the privilege over the documents referenced in the medical report was not waived and that the documents remained protected. This decision clarified the scope of privilege in the context of medical reports and the circumstances under which privilege may be waived.