Proving Privilege And The Obligation To Substantiate The Claim

The recent decision in Telstra Corporation Limited v Minister for Communications, Information Technology and the Arts (No. 2) [2007] FCA 1445 (12 September 2007) should be noted where there is potential for a government department or agency to provide preliminary discovery of documents. This decision is important for a party required to produce documents or substantiate a claim for legal professional privilege.

Facts

The issue between the applicant and the Minister for Communications, Information Technology and the Arts (the Minister) arose following the Federal Government's award of a funding agreement for a Broadband Connect Infrastructure Program (Infrastructure Program) to OPEL Networks Pty Ltd after an open Expression of Interest process.