Riemann and Riemann and Ors

In the matter of Riemann and Riemann and Ors, McClelland J of the Family Court of Australia considered an application by the wife to amend her application to challenge a transaction and join third parties. The central dispute revolved around whether the wife had impliedly waived legal professional privilege concerning communications with her previous and current solicitors, and whether the husband was obliged to provide documents he claimed privilege over.

The court was required to determine two primary legal issues. Firstly, whether the wife had waived legal professional privilege in relation to communications with her legal representatives concerning specific transactions and payments. Secondly, the court considered the extent to which the husband was required to comply with an existing order to identify and provide documents to which he claimed legal professional privilege, particularly in light of the wife's proposed amendments and the potential for increased costs.

McClelland J found that the wife had indeed waived legal professional privilege in respect to the subject matter of communications contained within an affidavit and written submissions. The court reasoned that by relying on these communications to advance her case, the wife had put them in issue. Regarding the husband's obligations, the court determined that he should not be required to incur additional expense in providing documents that were not relevant to the proceedings and which he was not otherwise obliged to provide under the Family Law Rules 2004.

The court ordered that the wife take all necessary steps to ensure her previous and current solicitors produce specific documents and communications to the court within seven days. These documents related to the transfer of interests in companies, transactions involving certain individuals and entities, and payments received. The court also amended a previous order concerning the production of documents.