RICHARDS & MORRIS

This matter concerned an application by Richards & Morris for an order that certain documents, which had been produced by the respondent, be declared privileged from production. The dispute arose in the context of interlocutory proceedings in the Supreme Court of Victoria.

The primary legal issue before the Court was whether the documents in question, which comprised a series of emails and attached documents, were protected by legal professional privilege. Specifically, the Court had to determine whether the dominant purpose for which the documents were created or brought into existence was for the purpose of obtaining legal advice.

Tree J found that the evidence did not establish that the dominant purpose of the communications was to obtain legal advice. While legal advice was sought and provided, the Court concluded that the communications also served significant commercial purposes. Consequently, the documents were not protected by legal professional privilege.

The application for privilege was dismissed.