70109 Study Guide - Final Guide: Implied Consent, Australian Criminal Intelligence Commission, Sexual Assault
Document Summary
Ask: was the dominant purpose of the communication to obtain legal advice, or to obtain professional. The dominant purpose test applies at pre-trial and at trial where the uniform evidence acts are in force. The sole purpose test no longer applies: dominant purpose: esso v federal commission for taxation (1999) 201 clr 49. What is the dominant purpose for which the document was created, as there might be more than one purpose for the creation of a document. Was it for legal advise or was it for litigation. An employer being the cth, state or territory, or a body established under the law of the cth, state or territory (cid:862)la(cid:449)yer(cid:863): Includes australian and over-seas registered foreign lawyers and an employee or agent of a lawyer. Does not apply to 3rd parties but does apply to documents obtained from 3rd parties. Carter v managing partner (1995) 153 clr 500:
