Shipton and Shipton & Ors

In *Shipton and Shipton & Ors*, heard by Gill J in the Family Court of Australia, the dispute concerned objections to the inspection and disclosure of documents on the grounds of legal professional privilege. The wife sought access to documents produced by G Accountants, which had been placed in an envelope by the husband or other respondents pursuant to earlier court orders.

The central legal issue before the court was whether the documents were protected by legal professional privilege, and consequently, whether the wife should be permitted to inspect and copy them. The court was required to determine if the onus, resting on the party claiming privilege, had been discharged, particularly in circumstances where no specific evidence had been identified to support the claim and an inspection of the documents to resolve the privilege claim had not been pursued.

Gill J reasoned that the dominant purpose test for legal professional privilege had not been satisfied. The court found that the onus rested on the party claiming privilege to establish its basis, and in the absence of evidence supporting the claim, privilege did not attach to the documents. The court also considered whether the issue should be treated as a production or inspection issue, noting that the material had already been produced.

Consequently, the court dismissed the claims for privilege in respect of the documents produced by G Accountants and retained in the specified envelope. The wife was granted leave to inspect and copy these documents.