Fair Work Act 2009_

s.789FC - Application for an order to stop bullying

DP World Melbourne Limited T/A DP World; Maritime Union of Australia, The Victorian Branch and Others

Application for an FWC order to stop bullying - Application for claim of Legal Professional Privilege and Without Prejudice Privilege

[1] On 2 July 2015 I made an order directed to DP World for the production of certain documents. In producing documents DP World has identified a number of documents that are the subject of claims of legal professional privilege (LPP) or of without prejudice privilege (WPP).

[2] I have given consideration to the written submissions filed by the parties and I have reviewed the documents produced by DP World in respect of which LPP is said to attach. I have determined to uphold the LPP claim respect of these documents except for:

• An extract of the transcript recording evidence given by Annette Coombe and Sharon Bowker in the Federal Court of Australia attached to an email from Erin Hawthorne to David Gunzburg dated 8 July 2014; and

• Federal Court of Australia practice note CM 7 expert witnesses in proceedings in the Federal Court of Australia attached to an email from Erin Hawthorne 2DGHR services dated 5 June 2014.

[3] These two documents will be made available for inspection on application.

[4] As to the documents in relation to which a claim for WPP is made, I have determined to defer any decision in relation to these documents until such time as a party seeks to introduce any one of these documents into evidence. It is evident from the review of those documents that the party to whom a document was sent, or from whom a document was received, will have the document and it seems unnecessary that these documents be separately inspected.

[5] Reasons for this decision will be issued in due course.

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