McKenzie v Cash Converters International Ltd

McKenzie filed an interlocutory application in the Federal Court of Australia, seeking an order that Cash Converters International Ltd and the National Financial Services Fund disclose certain documents and refrain from relying on privileged advice in their defence. McKenzie argued that Cash Converters had waived its privilege claims by deploying privileged legal advice in its defence and by putting the contents of the advice in issue. The court had to determine whether Cash Converters had waived its privilege claims and whether the court should exercise its discretion to inspect the documents in question.

The court found that Cash Converters had not waived its privilege claims by deploying privileged advice in its defence. The court noted that simply pleading reliance on privileged advice and including it in the defence does not constitute a waiver. The court also found that McKenzie's objection to the admissibility of the evidence provided by Cash Converters went to the weight of the evidence, rather than its admissibility. The court held that there was sufficient evidence to support Cash Converters' claim of privilege, and that the court should not exercise its discretion to inspect the documents in question.

The court ordered that unredacted copies of certain documents be produced to McKenzie, that a copy of another document be produced with a redaction omitted, and that the parties file and serve written submissions on the question of costs. The court dismissed the remainder of McKenzie's interlocutory application.