CASE PROCEDURES – evidence – production of documents – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – on 17 April 2015 applicant filed a notice of appeal against a decision issued by Commissioner Bissett [[2015] FWC 2563] – appeal concerned the decision to deny the applicant access to a report prepared by DGHR Services and several associated documents (together referred to as the Documents) on the basis that the Documents were not relevant to his unfair dismissal application – respondent objected to the release of the Documents claiming legal professional privilege (privilege) – appeal heard by a Full Bench on 17 June 2015 – Full Bench granted applicant permission to appeal insofar as his appeal concerned the Documents, upheld his appeal regarding the Documents, quashed the relevant aspects of the Commissioner’s decision and remitted the respondent’s claim of privilege in relation to the Documents to the Commission for determination [[2015] FWCFB 3995] – Commission determined that the Documents, other than the copy of the Federal Court of Australia’s ‘Practice Note CM7 – Expert Witnesses in Proceedings in the Federal Court of Australia’ attached to the email of 5 June 2014 and the documents dated 27 and 28 February 2015 both of which were considered to fall outside the scope of the Order to produce issued by the Commission on 11 March 2015, were protected by privilege and that privilege has not been waived in respect of the remaining documents – Practice Note CM7 can be inspected by the applicant or his representative upon application. Kirkman v DP World Melbourne Limited
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