Category

Legal Profession Privilege
In brief: Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege, following a recent Federal Court decision that confirmed the limits on the extent to which legal professional privilege will apply. Partner Richard Harris(view CV) and Law Graduate Sibella...
Read More
In brief: A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege. Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case.   http://www.allens.com.au/pubs/ldr/foldr21may14.htm   Allens is an independent partnership operating in alliance with Linklaters...
Read More
Mahoney v Salt [2012] QSC 43 The issue of disclosure of statements by the respondents alleged to have arisen out of an investigative report came under scrutiny. The applicant sought disclosure under s 35(1) of the Personal Injuries Proceedings Act 2002 (“the Act”). The respondent resisted on the basis of legal professional privilege under section...
Read More
Felgate v Tucker [2011] QCA 194 Margaret McMurdo P with Fraser and White JJA concurring: the Personal Injuries Proceedings Act 2002 (Qld) (“the Act”) did not displace legal professional privilege between a client and lawyer when partial disclosure is made during a without prejudice conference. [1] MARGARET McMURDO P: The appellant, Ms Wendy Felgate, underwent...
Read More

Recent Comments

    Categories