Legal Professional Privilege in Australia 4th Edition

Author: Ronald J. Desiatnik
Publisher: LexisNexis Australia
ISBN: 9780409357868
Published In: December 2024
Format: Hardback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

$284.94

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Description
Contents

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Since publication of the 3rd edition of this text in 2016, case law in Australia has continued to affirm and elaborate on the principles of legal professional privilege. In Glencore International AG v Commissioner of Taxation (2019) 265 CLR 646, the High Court clarified that legal professional privilege is an immunity from the exercise of powers that would otherwise compel the disclosure of privileged communications. It is not an actionable legal right capable of being enforced as a cause of action. Then, in Sunland Group Ltd v Gold Coast City Council (2021) 158 ACSR 342, the Federal Court examined the conditions under which legal professional privilege may be impliedly waived, particularly when a party's conduct or assertions in litigation are inconsistent with the maintenance of that privilege. These and other cases demonstrate that legal professional privilege remains a robust and evolving doctrine in Australian law, with courts continuing to refine its application to ensure it serves its fundamental purpose of protecting the confidentiality of legal communications.

In this 4th edition of Legal Professional Privilege in Australia, author Ronald Desiatnik analyses recent developments in this doctrine that is vital to maintaining the integrity of the legal process, protecting client confidentiality, and ensuring that individuals can seek legal advice freely and without fear of disclosure.

Features:

Previous editions cited in multiple court decisions
Considers recent cases demonstrating that legal professional privilege remains a robust and evolving doctrine in Australian law, with courts continuing to refine its application to ensure it serves its fundamental purpose of protecting the confidentiality of legal communication

Introduction

The History of Legal Professional Privilege

Definition & Application of Legal Professional Privilege

Basis of the Doctrine

Qualifications to the Doctrine

Common Law Exceptions

Statutory Exceptions

Express Waiver

Implied Waiver

10.

Evidence Act 1995

11.