Trevor Kennedy loses privilege battle

FORMER Western Australian journalist turned corporate highflyer Trevor Kennedy has lost his battle to have a sheet of notepaper and handwritten notes seized by the Australian Federal Police during the execution of a search warrant on Mr Kennedy’s home on November 13 2003 were not the subject of legal privilege.

According to the Australian Securities and Investments Commission the Federal Court judge Justice Gyles found that Mr Kennedy did not establish the dominant purpose for making the notes was to obtain legal advice, nor did he establish that any legal advice that might have been related to the notes was in connection with the administration of justice or proper function of the legal system in Australia.

The ASIC release says Justice Gyles noted that any such advice would have related to taking advantage of Swiss laws in order to keep assets and transactions secret from Australian authorities.

The full text of the judgement is available on the Federal Court’s website at www.fedcourt.gov.au