Rivas v Minister for Finance (Privilege Issue) [2025] FCA 138

In Rivas v Minister for Finance (Privilege Issue) [2025] FCA 138, the Federal Court considered whether legal professional privilege had been waived in respect of redacted legal advice contained in a departmental submission provided to the Minister for the purpose of determining whether the applicant was to be surrendered to the Republic of Chile pursuant to s 22 of the Extradition Act 1988 (Cth). The Court dismissed the application, ruling that the reference to the redacted legal advice within the departmental submission was not, without more, inconsistent with the maintenance of the privilege. Trent Glover SC and Michael Pruscino appeared for the successful First Respondent, the Minister for Finance.

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