Forgie DP essayed the authorities on the legal issues before the Tribunal at considerable length. The resolution of the issues that fall for determination in this Court does not depend on close attention to nuances in the reasoning of the many cases referred to by the Tribunal: on the question of waiver, the principles have been authoritatively stated in recent decisions of the High Court. This case is not at the margin of the operation of the principles laid down by the High Court. The history of the development of those principles, while no doubt a matter of interest, is not necessary to an understanding of the statements by the High Court. And as this case demonstrates, an undue focus upon the historical development of legal principles can be a distraction from the issues which are tendered by the parties for determination by the Tribunal.
In her decision Deputy President Forgie as usual leaves no word or phrase in the law or any relevant precedent unexamined. This decision includes a summary of steps since 1994 to examine the policy option of generic packaging [22-39], the law on legal privilege [40-68] and issues arising from the Parliamentary Privileges Act [79-178], matters to be resolved in deciding whether privilege has been waived [179-193] and the limitations on the relevance of material in the Government Response [194-196], before her conclusion that privilege had not been waived through circulation of summaries of the advice in other contexts [197-202]. Senior Member O'Loughlin was the model of brevity in agreeing to all that and giving his own reasons in a sparse 16 paragraphs [204-220.]