Seven Network Ltd v News Ltd

In Seven Network Ltd v News Ltd, the appellants, Seven Network Ltd and others, sought to appeal against an interlocutory judgment that allowed the respondents to inspect and deal with certain documents produced in response to a subpoena. The dispute centred on the inspection of a file note from a meeting between representatives of the appellants and officers of the Australian Competition and Consumer Commission (ACCC). The legal issues that the court needed to address were whether the inspection and dealing with the documents were permissible under the relevant rules of court and whether the file note was protected by legal professional privilege.

The court held that Order 33 rule 11 of the Rules of Court did not establish an alternative regime to that found in Order 27 for the inspection of documents produced in response to a subpoena. The court further concluded that the appellants' reliance on Order 33 rule 11 was ill-founded. The file note in question did not attract legal professional privilege at common law as it was a record of things said at a meeting between the appellants and ACCC officers. The court did not need to determine whether the appellants waived legal professional privilege in respect of an earlier confidential communication to them of legal advice.

Ultimately, the court granted the applicants leave to appeal but dismissed the appeal with costs to be paid by the appellants. The court agreed with the reasons for judgment of Branson J and the orders proposed by her Honour. The substantive litigation between the parties, concerning alleged contraventions of the Trade Practices Act 1974 (Cth), is scheduled to commence in the Federal Court on 18 July 2005.