Grady and Chilcott and Ors

This proceeding concerned an application before Judge Harland. The applicant sought to join Mr A Chilcott, Mr B Chilcott, and Ms C Chilcott to the proceedings as the Second, Third, and Fourth Respondents respectively. The dispute also involved the identification and production of documents, with particular attention to issues of privilege waiver.

The court was required to determine whether to join the Chilcotts as respondents. Further, it needed to establish a process for identifying documents where privilege had been waived, distinguishing these from documents where privilege remained disputed. The court also had to consider the future direction of the case, the timing of payment of the applicant's costs, and the costs associated with Lander & Rogers and Stonnington & Zervas.

Judge Harland ordered that the Chilcotts be joined as respondents. The court directed the legal representatives for the applicant and the First Respondent to confer and jointly inspect documents produced by Lander & Rogers and Stonnington & Zervas to identify those subject to a waiver of privilege. Two lists were to be prepared: an agreed list of documents where privilege had been waived, and a list of disputed documents. Documents where privilege was agreed to have been waived were to be copied, indexed, and produced to chambers for rulings on privilege. A joint trial plan was to be filed within 28 days. The matter was listed for further mention to determine the future direction of the case, the timing of payment of the applicant's costs ($12,276), and argument regarding the costs of Lander & Rogers and Stonnington & Zervas. Stonnington & Zervas were also ordered to file a memorandum of costs for compliance with a subpoena.