Legal professional privilege in Australia / Ronald J. Desiatnik.

Chatswood, N.S.W. : LexisNexis Australia, 2025.

4th edition

202162

Confidential communications -- Lawyers -- Australia.

Privileges and immunities.

1. Introduction

2. The history of legal professional privilege

3. Definition & application of legal professional privilege

4. Basis of the doctrine

5. Qualifications to the doctrine

6. Common law exceptions

7. Statutory exceptions

8. Express waiver

9. Implied waiver

10. Evidence Act 1995

11. A parallel privilege

12. Conclusions.

Since publication of the 3rd edition of this text in 2016, case law 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 has 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. - Publisher's website.

Previous edition 2016.

Includes bibliographical references and index.

9780409362091

xlv, 405 pages ; 24 cm