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
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2024/2024fcafc0058
For more information, see the original judgement.