| Australian Securities
and Investments Commission v Park Trent Properties Group Pty Ltd (NSWSC) - legal
professional privilege - waiver - company obliged to respond to notice to
produce |
| Ciric v Ciric (NSWSC) - succession
- family provision order in favour of son of deceased |
| Summaries With Link (Five Minute Read) |
Australian
Securities and Investments Commission v Park Trent Properties Group Pty Ltd [2015] NSWSC 342
Supreme Court of New South Wales
Sackar J
Legal professional privilege - waiver - ASIC
claimed company contravened s911A Corporations Act 2001 (Cth) by operating business without Australian Financial
Services Licence - ASIC issued notice to produce to company - company claimed documents
privileged because they ere primarily communications between company and legal
advisors - ASIC accepted material was privilege but contended privilege had
been waived - ss122(2) & 126 Uniform
Evidence Act 1995 (NSW) - reasonably
necessary to enable a proper understanding of the communication or document
held: company conduct in disclosing result of advice, but not advice itself,
amounted to an inconsistency with maintenance of privilege - company had
disclosed part of substance of advice received - privilege had been waived in
respect of certain documents with consequence that other documents also subject
to waiver - company obliged to respond to notice to produce.
ASIC
|
Ciric
v Ciric
[2015] NSWSC 313
Supreme Court of New South Wales
Hallen J
Succession - plaintiff child of deceased made
claim for family provision order under Succession
Act 2006 (NSW) - prior Will of deceased - alleged misconduct by plaintiff
in treatment of deceased - held: plaintiff was an eligible person - no
provision in deceased’s Will for plaintiff - Court could not conclude deceased’s signed statement about plaintiff was accurate or its contents soundly based- deceased failed to make
adequate and proper provision for plaintiff - lump sum order made.
Ciric
|
