FEDERAL COURT OF AUSTRALIA
Rivas v Minister for Finance [2025] FCA 824
Appeal from: Application for leave to appeal: Rivas v Minister for Finance (Privilege Issue) [2025] FCA 138 File number: NSD 268 of 2025 Judgment of: LONGBOTTOM J Date of judgment: 18 July 2025 Catchwords: PRACTICE AND PROCEDURE – Federal Court of Australia Act 1976 (Cth) s 24(1A) – Application for leave to appeal against an interlocutory decision – Whether decision of primary judge attended by requisite doubt – Whether substantial injustice occasioned if leave refused – Leave to appeal is refused. Legislation: Extradition Act 1988 (Cth) ss 19, 22
Federal Court of Australia Act 1976 (Cth) s 24
Treaty on Extradition between Australia and the Republic of Chile [1996] ATS 7, Article II(4)
Cases cited: Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd [1996] NSWSC 7; (1996) 40 NSWLR 12
Bennett v Chief Executive Officer of the Australian Customs Service [2004] FCAFC 237; (2004) 140 FCR 101
Brock v Minister for Home Affairs [2010] FCA 1301
Buck v Bavone [1976] HCA 24; (1975) 135 CLR 110
Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397
House v King (1936) 55 CLR 499
Kennedy v Wallace & Ors [2004] FCAFC 337; (2004) 142 FCR 185
Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541
Rivas v Republic of Chile [2021] FCAFC 214
Rivas v Republic of Chile [2021] FCA 693
TerraCom Ltd v Australian Securities and Investments Commission [2022] FCAFC 151
Division: General Division Registry: New South Wales National Practice Area: Federal Crime and Related Proceedings Number of paragraphs: 36 Date of hearing: 9 July 2025 Counsel for the Applicant: Dr S Baron Levi Solicitor for the Applicant: Nyman Gibson Miralis Defence Lawyers Counsel for the Respondents: Mr T Glover SC with Mr M Pruscino Solicitor for the Respondents: Attorney-General’s Department ORDERS
NSD 268 of 2025 BETWEEN: ADRIANA ELCIRA RIVAS
Applicant
AND: MINISTER FOR FINANCE
First Respondent
COMMONWEALTH ATTORNEY-GENERAL
Second Respondent
ORDER MADE BY:
LONGBOTTOM J
DATE OF ORDER:
18 JULY 2025
THE COURT ORDERS THAT:
1.The application for leave to appeal filed 28 February 2025 is dismissed.
2.The applicant is to pay the respondents’ costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
LONGBOTTOM J:
INTRODUCTION
The applicant (Ms Adriana Rivas) seeks leave to appeal an interlocutory judgment dismissing an interlocutory application by which Ms Rivas sought disclosure of redacted material in a departmental document over which the first respondent (Minister) made a claim for legal professional privilege.
Ms Rivas contended on the interlocutory application that the Minister waived legal professional privilege by the disclosure of the unredacted portions of the document. The…
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- Case
- [2025] FCA 824
- Decision Date
CaseChat Overview and Summary
The court found that the primary judge's decision was not attended by doubt and that refusing leave to appeal would not occasion substantial injustice. The court held that the primary judge correctly applied the legal principles concerning waiver of legal professional privilege. The court found that there was no inconsistency between the redacted and unredacted parts of the document, and that the disclosure of certain parts of the document did not amount to a waiver of privilege over the remaining parts. The court also held that the primary judge correctly identified the relevant legal principles and applied them to the facts of the case.
The court dismissed the application for leave to appeal and ordered that the applicant pay the respondents' costs. The court held that the primary judge's decision was not attended by doubt and that refusing leave to appeal would not occasion substantial injustice. The court found that the primary judge correctly applied the legal principles concerning waiver of legal professional privilege and that there was no inconsistency between the redacted and unredacted parts of the document. The court also held that the primary judge correctly identified the relevant legal principles and applied them to the facts of the case.
Orders
Orders of the court
1. The application for leave to appeal filed 28 February 2025 is dismissed.
2. The applicant is to pay the respondents’ costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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