Mathews and Brisbane City Council

Application number:
2005 F0323
Decision date:
Tuesday, May 23, 2006

Mathews and Brisbane City Council
 (2005 F0323, 23 May 2006)

s.43(1) Legal Professional Privilege

The applicant sought access to legal advice obtained by the Council concerning his property.  (During the review the applicant was given access to portions of the advice in respect of which the Council conceded that legal professional privilege had been waived.) 

Assistant Commissioner Barker found that the matter remaining in issue comprised confidential communications between lawyer and client, made for the dominant purpose of giving legal advice or professional legal assistance, which attracted legal professional privilege.  AC Barker went on to consider the application of the principles relating to waiver, and the 'improper purpose' exception to legal professional privilege, but was satisfied that privilege in the relevant advice had not been waived, and that the advice was not provided in furtherance of any illegal or improper purpose.  AC Barker affirmed the decision under review that the matter remaining in issue qualified for exemption under s.43(1) of the FOI Act.