Recent Cases

Singtel Optus Pty Ltd v Robertson [2024] FCAFC 58 (27 May 2024) (Murphy, Anderson and Neskovcin JJ)


PRIVILEGE – legal professional privilege – third party report – investigation into cyber-attack – whether the report was created for the dominant purpose of legal advice – multiple purposes for commissioning report – unchallenged evidence – adverse inference – failure to adduce specific and focused evidence – time for assessing dominant purpose

PRACTICE AND PROCEDURE – application for leave to appeal – whether leave to appeal against interlocutory ruling ought to be granted – leave denied