Roads Corporation v Love [2010] VSC 253 (10 June 2010)

http://www.austlii.edu.au/au/cases/vic/VSC/2010/253.html

EVIDENCE – Legal Professional Privilege – Evidence Act 2008 s.119 – Communications with prospective witness – Evidence Act 2008 s.122(2) – Waiver of privilege upon witness giving evidence at trial – Proper practice for legal practitioners to take proofs of evidence from witnesses separately and to encourage witnesses not to discuss their evidence with others, and particularly with other potential witnesses – Meeting of expert witnesses convened in part to discuss evidence in preparation for filing reports improper – Conduct amounted to inconsistency with maintenance of privilege pursuant to Evidence Act 2008 s.122(2) – Imputed waiver at common law – Loss of client legal privilege Evidence Act 2008 s.126.

LEGAL PRACTITIONERS – Legal Professional Privilege – Evidence Act 2008 s.119 – Communications with prospective witness – Proper practice for legal practitioners to take proofs of evidence from witnesses separately and to encourage witnesses not to discuss their evidence with others, and particularly with other potential witnesses – Meeting of expert witnesses convened in part to discuss evidence in preparation for filing reports improper – Conduct amounted to inconsistency with maintenance of privilege pursuant to Evidence Act 2008 s.122(2).