Mathews and The University of Queensland

Application number:
2005 F0657
Decision date:
Tuesday, Feb 28, 2006

Mathews and The University of Queensland
(2005 F0657, 28 February 2006)

s.43(1) - Legal professional privilege

The applicant sought access to legal advice obtained by the University concerning the applicant's use of the University's premises. 

Assistant Commissioner Barker found that all the matter attracted legal professional privilege, as it either comprised confidential communication between the University and its solicitors, made for the dominant purpose of giving legal advice or professional legal assistance, or discussed professional legal advice provided to the University by its solicitors. 

The applicant contended that privilege had been waived, as an officer of the University had expressed an intention to provide the legal advice to the applicant, but then did not do so.  AC Barker found that the privilege had not been waived in those circumstances, and that there was no evidence to support the applicant's submission that the advice had been otherwise disclosed to the applicant or to other persons.  Accordingly, AC Barker found that the matter in issue qualified for exemption under s.43(1) of the FOI Act.