VIC Waiver of cliemt privilege

[Dpj]

My ex put a clause in her affidavit regarding what their lawyer told them, etc. I want to get the lawyer/client file in respect to related issues. Do I do this via a subpoena? My case in interim/contravention. But I am keen to get that file.

 

[Tim W]

In what jurisdiction?
And why?

 

[Dpj]

Federal Circuit court.

They why, at the moment is because I can. It's about interpretation of orders and the ex has flip flopped. So would be good to see what she has been saying to her lawyer.

 

[Tim W]

Federal Circuit court.

They why, at the moment is because I can. It's about interpretation of orders and the ex has flip flopped. So would be good to see what she has been saying to her lawyer.

Thing is, "...would be good to see...." is pretty much never a reason for the court to waive privilege.
--> The quality of advice given to the other side by their lawyer
is almost never any of your side's business anyway.

So again, why?
What is your purpose, beyond merely dusting up your ex?

 

[Dpj]

Dusting up ex is certainly a factor.

But I'd like to know moment's thoughts on the what is mutually agreed to be ambiguous orders regarding holiday time (ie, no orders for how holiday time is set upon commencement of school). May be my ex told the ient her true thoughts of how the orders should be interpreted ( ie, implied at time of orders) vs what she is submitting in her affidavit.