Full Court Minute Books

Case S256/2018

Glencore International AG & Ors v. Commissioner of Taxation of the Commonwealth of Australia & Ors

Case No.


Case Information


Constitutional law – Constitution s 75(iii) – Where defendants obtained documents held by overseas law practice – Where plaintiffs claim documents created by law practice for sole or dominant purpose of providing legal advice to plaintiffs – Whether documents subject to legal professional privilege – Whether plaintiffs entitled to injunction under Judiciary Act 1903 (Cth) s 31 or s 32 restraining defendants and any other officer of Australian Taxation Office from relying upon, referring to or making use of documents – Whether common law of Australia confers on privilege holder actionable right to restrain use by third party of privileged communication – Whether defendants entitled and/or obliged to retain and use communications under Income Tax Assessment Act 1936 (Cth) s 166.

Short Particulars


27/09/2018 Writ of summons

28/09/2018 Notice of constitutional matter (Plaintiffs)

01/11/2018 Amended Writ of summons

02/11/2018 Demurrer (Defendants)

06/11/2018 Order made by consent referring demurrer to the Full Court

13/12/2018 Written submissions (Plaintiffs)

13/12/2018 Chronology (Plaintiffs)

08/02/2019 Written submissions (Defendants)

22/02/2019 Reply  (Plaintiffs)

22/03/2019 Written submissions (Association of Corporate Counsel and Australian Corporate Lawyers Association seeking leave to appear as amicus curiae)

17/04/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

17/04/2019 Outline of oral argument (Plaintiffs)

17/04/2019 Outline of oral argument (Defendants)

14/08/2019 Judgment (Judgment summary)