Decisions of Courts and Tribunals
On 12 and 13 May 2005, the Australian Capital Territory Court of Appeal heard the Commonwealth's appeal, from the decision of a single judge of the Australian Capital Territory Supreme Court, on a question of law in the matter of Vance v Air Marshal McCormack in his capacity as Chief of Air Force & Anor [2004](1). The earlier decision had held that communication between clients and ADF Legal Officers, or Australian Public Service lawyers employed in Defence, do not ordinarily enjoy legal professional privilege. On 23 August 2005, the Court of Appeal handed down its decision on the question of legal professional privilege(2). The Court of Appeal has confirmed that in determining a claim for privilege, the primary concerns are still the purpose and confidentiality of the document, and the circumstances of the relationship between lawyer and client. Privilege may be found more readily where a lawyer has a current practising certificate, but the lack of a certificate will not automatically defeat a claim for privilege.
The claim in the Federal Court of Australia by the Commonwealth against ADI Limited, Parker Enzed Technologies Pty Limited, Jetrock Pty Ltd (in liquidation) and Todd Hydraulics Pty Ltd, for damages relating to the 1998 fire onboard HMAS Westralia, was settled on 9 June 2006. By consent, judgement was entered for the Commonwealth, against ADI Limited, and the proceedings against the other parties were dismissed.