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legal professional privilege.
- 1. ACCC to request information on claims of legal professional privilege
New ACCC expectations about any claims for legal professional privilege when responding to a compulsory notice.
Article, 18 Aug 2022
- 2. Litigation 101: legal professional privilege for in-house counsel
There are particular issues of legal professional privilege with documents prepared by in-house counsel. In our new Litigation 101 series, Georgina Penglis, Roxana Carrion, Trina Storm and Karen Ingram set out the dos and don'ts.
Article, 12 May 2022
- 3. Litigation 101: legal professional privilege for business
Legal professional privilege protects the confidence in communications made between client and legal adviser (or with third parties, in certain circumstances).
Article, 12 May 2022
- 4. Privilege and multidisciplinary partnerships: Federal Court hands down critical privilege guidance
The PwC case demonstrates that the structural differences between how work is undertaken within different types of firms is fundamentally relevant to whether legal professional privilege will attach to communications.
Article, 14 Apr 2022
- 5. Review your engagements with multidisciplinary partnerships involving non-lawyer tax advisers to ensure privilege will not be lost
In a long-awaited judgment, the Federal Court has delivered the ATO a partial win in its challenge to privilege claims over tax advice of large multidisciplinary partnerships that involve non-lawyers in giving tax advice.
Article, 31 Mar 2022
- 6. Meat, beer, and claims of legal professional privilege: the ATO's litigation BBQ and its implications for taxpayers
A proposed Protocol gives some clarity to how the ATO will deal with claims of legal professional privilege, as do two important pieces of litigation.
Article, 28 Oct 2021
- 7. So, ASIC wants your books and records? That includes those held offshore and in the cloud
Clear internal organisation, and early communication with third parties who hold your documents and the regulator, will help make responding to an ASIC notice to produce books and records as efficient a process as possible.
Article, 24 Jun 2021
- 8. Workplace investigations refresher part 5: Maintaining legal professional privilege over workplace investigation reports
If parts of the investigation report must be disclosed in order to provide procedural fairness to parties to the investigation, do so in a way which does not disclose information about the investigation which they do not need to know.
Article, 10 Jun 2021
- 9. Australian cartel immunity applicants ordered to disclose privileged internal investigation materials to defendants
By co-operating with the prosecution, an applicant for immunity in respect of alleged cartel conduct effectively waived its legal professional privilege in internal records of interviews of its employees, and must produce those records to the defendants, according to the Federal Court of Australia in a recent case.
Article, 24 May 2021
- 10. Workplace investigations refresher part 4: Waiving LPP over workplace investigation reports
There are some subtle issues to consider when ensuring that a workplace investigation maintains legal professional privilege and is not waived.
Article, 13 May 2021
- 11. Workplace investigations refresher part 3: legal professional privilege and workplace investigation reports
Employers may seek to engage external law firms to conduct workplace investigations on their behalf, but can't assume legal professional privilege automatically applies to the investigation.
Article, 1 Apr 2021
- 12. ASIC's hard-line regulatory approach receives further endorsement
ASIC is prepared to seek the Court's assistance in ensuring robust compliance with notices that it issues.
Article, 1 Oct 2020
- 13. Maintaining privilege in expert communications: the Victorian Supreme Court provides practical guidance
Privilege is not waived in communications between lawyer and expert that were considered by the expert but were not relied upon for the expert's opinion.
Article, 31 Oct 2019
- 14. Hacked? Don't expect legal professional privilege to stop others using your documents, says High Court
Legal professional privilege won't stop documents taken as part of the Paradise Papers hack being used by the Australian Taxation Office in assessing tax liability, in a decision that both affirms traditional views of legal professional privilege, and leaves three key issues undecided.
Article, 14 Aug 2019
- 15. Reminder to directors: Legal advice to the company may be subject to your claim for legal professional privilege, unless…
Directors can assert legal professional privilege over legal advice provided to the company on the basis of joint privilege, and do not need to pay for that advice in order to assert that privilege, but this assertion of privilege is generally limited to communications relating to the directors' personal liability.
Article, 27 Apr 2017
- 16. Legal professional privilege and deregistered companies: who holds the right to claim?
Although single judge decisions have found legal professional privilege in company material can survive a company's deregistration, it is possible (although perhaps unlikely) that a future appeal court might not.
Article, 25 Jan 2017
- 17. A "whole of government" approach to legal professional privilege
This decision on legal professional privilege will facilitate sharing of legal advice among NSW Government departments in the context of specific matters.
Article, 12 May 2016
- 18. Serious safety incident response: tips and tricks for safety practitioners and in-house counsel
We set out some key tips and tricks for safety practitioners, and in-house counsel navigating and managing the incident response process for a serious safety incident.
Article, 1 Jun 2015
- 19. CU LAB: Don't let panic kill your privilege
When there's an OHS incident, you've got to be careful not to lose your legal professional privilege, says Shae McCartney.
Video, 18 May 2015
- 20. To disclose or not disclose? Some legal guidelines
Companies are encouraged to carefully consider the implications of disclosure of litigation, and D&Os to review their insurance and indemnity arrangements generally.
Article, 1 Jul 2014
- 21. Experts and legal professional privilege
In their second article on experts, Douglas Bishop and Scott Grahame discuss the limits of legal professional privilege when dealing with experts.
Article, 9 May 2013
- 22. Accountants, lawyers and the privileged class: R v Special Commissioner of Income Tax
Are communications between accountants/tax agents and their clients protected by client professional privilege? Philip Bisset and Antony Barrier look at the current state of play.
Article, 9 May 2013
- 23. ASIC compulsory information gathering powers and legal professional privilege
Recipients of compulsory information requests from the Australian Securities and Investments Commission (ASIC) are not required to provide information to ASIC that is the subject of a claim for legal professional privilege (LPP).
Article, 1 May 2013
- 24. The Royal Commission wants documents or information that you have - what do you do?
The wide-ranging nature of the Royal Commission into Institutional Responses to Child Sexual Abuse and its information-gathering powers will affect the Government and private sectors alike. Robert Cutler and Avinesh Chand set out how the Commission can compel the giving of evidence and the production of documents, and what you need to do in response.
Article, 28 Feb 2013
- 25. Experts' reports, waiver of privilege and antipsychotic drugs
When will an expert's notes be protected by legal professional privilege? An ongoing patent case has given some guidance, as Richard Hoad explains.
Article, 20 Dec 2012