Osferatu and Osferatu (No 2)

In the matter of *Osferatu and Osferatu (No 2)*, Le Poer Trench J of the Family Court of Australia considered an objection raised by the wife concerning paragraphs 4 to 11 of an affidavit sworn by Ms E on 17 July 2013. The wife claimed that these paragraphs were protected by legal professional privilege.

The central legal issue before the Court was whether the content of the specified paragraphs within Ms E's affidavit was indeed subject to legal professional privilege, thereby rendering it inadmissible. The Court was required to determine the validity of the wife's claim of privilege in relation to the evidence presented.

Le Poer Trench J overruled the wife's objection at that time. The Court granted the wife leave to re-raise the objection at a later stage of the hearing, contingent upon the admission of further evidence that might be relevant to the subject of the privilege claim. This approach allowed for a potential reconsideration of the privilege claim as the proceedings developed.