In the Matter of Binqld Finances Pty Ltd (In Liq)

The case of Binqld Finances Pty Ltd (In Liq) involves a dispute concerning legal professional privilege over certain emails, letters, and a file note, which were allegedly made during a conference with lawyers. The legal issue at hand was whether these documents were privileged in favor of two individuals, Andrew Binetter and Gary Binetter, given that there were general retainers by a group of corporations and their controllers with the same lawyers at the time the documents were created. The court had to determine if the confidential communications between the group members and their lawyers were jointly privileged for the benefit of all members of the group.

The court considered the nature of the retainers and the circumstances surrounding the creation of the documents. It concluded that the general retainers were by the group, but there were instances where individual advice was given or sought, which attracted privilege for the individual concerned. However, the court found that Gary Binetter had not successfully demonstrated that the portions of the file note he sought to excise or mask fell within this principle. Consequently, the court upheld Andrew Binetter's claims of privilege and rejected Gary Binetter's claims over certain parts of the file note.

Additionally, the court addressed Gary Binetter's claim that the Registrar had omitted an agreed order concerning the confidentiality of certain examination transcripts. The court acknowledged this oversight and made the requested order on 10 July 2015. The court dismissed all other claims for relief made by Gary Binetter.

ORDERS:
1. The parties are directed to confer and submit draft orders to the Associate to Foster J as soon as practicable to give effect to the Reasons for Judgment provided on 13 July 2015.