An important function of the Courts is to determine which documents can and cannot be used as evidence in a proceeding. An important class of documents that cannot be used are those protected by legal professional privilege. The recent Federal Court decision of Carna Group Pty Ltd v The Griffin Coal Mining Company (No.2) [2019] FCA 2209 has clarified the requirements of establishing a claim for legal professional privilege, especially in circumstances where the parties involved in the creation of an allegedly privileged document are not able to give evidence.
Background
This case concerns an action against The Griffin Coal Mining Company (Griffin Coal) by the liquidators of Carna Group Pty Ltd (In Liquidation) (Carna) for…