2023

Quo vadis legal professional privilege — wavering in the multiverse?

Published Date: 15 Dec 2023

 

Legal professional privilege (LPP or “the Privilege”) is an ancient legal doctrine that promotes the public interest and enhances the administration of justice by protecting “legitimate” confidential communications between lawyers and their clients from disclosure. This article focuses on the application of LPP in noncourt settings, that is, non-curial cases such as investigations by the Australian Taxation Office, which has only been recognised for some forty years in Australia. In that time, there has been considerable concern about striking the appropriate balance between the needs of investigators on the one hand and LPP claimants on the other.

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