Dear Subscribers

It has come to our attention that the Benchmark edition dated 26 September 2014 mistakenly included cases from 26 August 2014.

We have updated our archives and are now sending you the updated edition for your reference. 

We apologise for any inconvenience.

Kind regards 
The Benchmark Team

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Friday, 26 September 2014
Executive Summary (One Minute Read)
AusNet Electricity Services Pty Ltd v Liesfield (VSC) - Black Saturday bushfires - no legal professional privilege in technical analysis documents - appeal dismissed
Summaries With Link (Five Minute Read)
AusNet Electricity Services Pty Ltd v Liesfield [2014] VSC 474
Supreme Court of Victoria
Robson J
Legal professional privilege - class action arising out of Black Saturday bushfires - AusNet appealed against order for production of technical analysis documents it had created - ss118 & 119 Evidence Act 2008 (Vic) - held: open to primary judge to conclude AusNet failed to discharge onus to establish the dominant purpose of creating the technical analysis documents was a privileged purpose - primary judge did not err in finding there were other non-privileged purposes for production of the documents - appeal dismissed.
AusNet Electricity Services Pty Ltd

The Wind Sleepers
By H. D.

than the crust
left by the tide,
we are stung by the hurled sand
and the broken shells.

We no longer sleep
in the wind-
we awoke and fled
through the city gate.

tear us an altar,
tug at the cliff-boulders,
pile them with the rough stones-
we no longer
sleep in the wind,
propitiate us.

Chant in a wail
that never halts,
pace a circle and pay tribute
with a song.

When the roar of a dropped wave
breaks into it,
pour meted words
of sea-hawks and gull
sand sea-birds that cry

H. D.