Hall v Aldridge

Case [2024] WASC 155


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

CITATION:   HALL -v- ALDRIDGE [2024] WASC 155

CORAM:   COBBY J

HEARD:   29 FEBRUARY 2024

DELIVERED          :   2 MAY 2024

FILE NO/S:   CIV 1610 of 2022

BETWEEN:   PATRICK VINCENT HALL

Plaintiff

AND

RICHARD CLIVE ALDRIDGE

Defendant


Catchwords:

Statutory construction - Confidentiality provision - Scope of exceptions to prohibition of disclosure of information - Whether court should make a declaration as to whether future conduct will not contravene statute

Legislation:

Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (WA)
Local Government (Official Conduct) Amendment Act 2007 (WA)
Local Government Act 1995 (WA)
Local Government Legislation Amendment Act 2019 (WA)
Rules of the Supreme Court 1971 (WA)

Result:

Application successful in part

Category:    B

Representation:

Counsel:

Plaintiff : M L Bennett & T J C Elder
Defendant :

In Person

Interested Party : J M Misso

Solicitors:

Plaintiff : Bennett
Defendant :

In Person

Interested Party : State Solicitor for Western Australia

Case(s) referred to in decision(s):

Australian National Airlines Commission v The Commonwealth of Australia (1975) 132 CLR 582

Barrak v City of Parramatta Council [2019] NSWLEC 59

Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334

Biga Nominees Pty Ltd v Commissioner of Taxation (1991) 21 ATR 1459

Canadian Pacific Tobacco Co Ltd v Stapleton (1952) 86 CLR 1

Carr v Western Australia [2007] HCA 47; (2007) 232 CLR 138

Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389

Commissioner of Taxation of the Commonwealth of Australia v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 250 CLR 503

Commonwealth v Melbourne Harbour Trust Commissioners (1922) 31 CLR 1

Elmslie v Federal Commissioner of Taxation (1993) 46 FCR 576

Energy Resources of Australia Ltd v Commissioner of Taxation (2003) 52 ATR 120

Graham v Minister for Immigration and Border Protection [2017] HCA 33; (2017) 263 CLR 1

Gypsy Jokers Motorcycle Club Inc v Commissioner of Police [2008] HCA 4; (2008) 234 CLR 532

Hamersley Iron Pty Ltd v Lovell (1998) 19 WAR 316

Hilton v Wells (1985) 157 CLR 57

Hospitality Group Pty Ltd v Australian Rugby Union Ltd [2001] FCA 1040; (2001) 110 FCR 157

Lorimer v Smail (1911) 12 CLR 504

Nasr v New South Wales [2007] NSWCA 101; (2007) A Crim R 78

Nicholas v R [1998] HCA 9; (1998) 193 CLR 173

Pharmacy Guild of Australia v Ramsey Health Care Ltd [2019] NSWSC 1045

Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 29; (1998) 194 CLR 355

R (Rusbridger) v Attorney‑General [2003] UKHL 38; [2004] 1 AC 357

R v Carter; Ex parte Kisch (1934) 52 CLR 221

Rowell v Pratt [1938] AC 101

Secretary to the Department of Premier and Cabinet v Hulls [1999] VSCA 117; [1999] 3 VR 331

State of Victoria v Intralot Australia Pty Ltd [2015] VSCA 358

Sutherland Shire Council v Telope Pty Ltd (1993) 85 LGERA 103

Thurn v Federal Commissioner of Taxation (1965) 112 CLR 432

Tim Barr…

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AGLC
Hall v Aldridge [2024] WASC 155
Case
[2024] WASC 155
Decision Date

CaseChat Overview and Summary

In the matter of Hall v Aldridge, the Federal Court of Australia was called upon to interpret the scope of confidentiality provisions within a statutory framework and to determine whether certain future conduct would contravene the statutory provisions. The plaintiff, Hall, sought declarations that specific disclosures of information within the scope of the statutory confidentiality provision would not contravene the statute, specifically in relation to providing instructions or advice in legal proceedings, or conferring with another party to legal proceedings.

The central legal issues revolved around the interpretation of the statutory confidentiality provision, the exceptions to the prohibition of disclosure, and the implications of these provisions on the conduct of the parties in future legal proceedings. The plaintiff argued that certain disclosures, including those made for the purpose of giving instructions or providing advice in relation to legal proceedings, would not contravene the statutory confidentiality provision. The court had to determine whether these activities were indeed covered by the exceptions within the statute and if they constituted a breach of the confidentiality provision.

The Court held that the statutory provision, while potentially preventing a party from adducing all relevant evidence, did not preclude the court from exercising its jurisdiction. The court would base its decision on the evidence presented, rather than all relevant material. The Court rejected the plaintiff's argument that non-disclosure of certain communications would contravene the statutory obligations. Specifically, the Court found that the obligation to inform the court of binding authority was limited to authorities known to the solicitor and directly contrary to the client's case. Furthermore, the Court found no written law requiring the disclosure of information within the scope of the confidentiality provision for the purposes of giving instructions or providing advice in relation to legal proceedings. The Court also noted that the provision of advice and engaging in conferral did not appear to contravene the confidentiality provision when read literally.

The Court ultimately determined that the plaintiff's request for declarations that certain disclosures would not contravene the statute was not supported by the statutory text or relevant legal principles. The Court did not grant the declarations sought by the plaintiff, thereby affirming the constraints imposed by the statutory confidentiality provision on certain disclosures in the context of legal proceedings.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

The fact that a statute may prevent a party from adducing all relevant evidence does not mean that a court is unable to exercise its jurisdiction, but only that it will make its decision on the basis of the evidence adduced, rather than all of the relevant material.[46][46] Graham v Minister for Immigration and Border Protection [2017] HCA 33; (2017) 263 CLR 1 [33]; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police [2008] HCA 4; (2008) 234 CLR 532 [24]. The correctness of the plaintiff's submission can be examined by considering the position in relation to communications subject to public interest immunity or litigation privilege. Such communications are often highly relevant, but there is no breach of r 19.1 on the part of a solicitor simply because he or she does not disclose the communication to the court. I also reject the plaintiff's submission that a failure to inform the court of a determination by the standards panel or the Tribunal that a complaint had not been made out would contravene a solicitor's obligation to inform the court of any binding authority imposed by ASCR r 19.6.1. The scope of the obligation is limited to disclosure of an authority known to the solicitor and which the solicitor has reasonable grounds to believe is directly contrary to the client's case. It is difficult to envisage how a decision of the standards panel or the Tribunal dismissing a complaint would satisfy those criteria. Further, the 'binding authority' with which r 19.6.1 is concerned is a decision of a court binding, in accordance with the doctrine of precedent, on the court hearing the matter, as demonstrated by r 19.6.2, which provides that a solicitor must inform the court, where there is no binding authority, of 'any authority decided by an Australian appellate court', known to the solicitor and which the solicitor has reasonable grounds to believe to be directly in point against the client's case. Lastly, the plaintiff seeks declarations that disclosure of information within the ambit of s 5.123(1) for the purposes of giving instructions or providing advice in relation to legal proceedings, or for the purposes of conferral with another party to legal proceedings, will not contravene s 5.123(1). The plaintiff did not identify any written law which requires or otherwise imposes any obligation to make disclosure of information within the scope of s 5.123(1) for any of those purposes. I note that a legal practitioner acting in proceedings would, in the ordinary course, not be a person to which s 5.123(1) applies,[47] and the Act does not provide that a person who communicates information disclosed to them in breach of s 5.123 thereby commits an offence, suggesting that at least the provision of advice and engaging in conferral would not contravene s 5.123(1). [47] s 5.123(1A). Further, as identified above, the communication of information already known to all parties to the communication does not constitute disclosure in the relevant sense. Read literally, however, s 5.123(1) prohibits a person identified in s 5.123(1A) from disclosing information regarding a complaint to his or her solicitor, although I consider that the exception contained in s 5.123(2)(a) would permit such a person to provide instructions to a practitioner for the purpose of investigating, prosecuting or defending (that is, 'dealing with') a complaint.