Legal Professional Privilege in Australia, 4th edition

By Ronald Desiatnik

Publisher: LexisNexis Australia
Year: 2025
English
ISBN: 9780409357868

Description:

An authoritative text on a doctrine essential to the effective administration of justice. Since publication of the 3rd edition 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 clarified that legal professional privilege is an immunity from the exercise of powers that would otherwise compel disclosure of privileged communications, not an actionable legal right. In Sunland Group Ltd v Gold Coast City Council (2021) 158 ACSR 342, the Federal Court examined the conditions under which the privilege may be impliedly waived.

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

Table of Contents

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.

Keywords

legal professional privilege, Australian law, legal doctrine, legal confidentiality, evidence law

Target Audience

Legal practitioners, law students, judges, academics in law, corporate counsel

Genre

Legal Reference, Australian Law, Legal Education, Legal Practice Guides, Professional Law Texts

Q&A

Q: Where can I buy Legal Professional Privilege in Australia?
A: You can order this book, 4th Edition, directly from CLNZ Books at clnzbooks.com, with worldwide shipping and secure payment by credit card or PayPal.

Q: What did the High Court clarify in Glencore v Commissioner of Taxation?
A: That legal professional privilege is an immunity from disclosure-compelling powers, not an actionable legal right enforceable as a cause of action.

Q: What does Sunland Group v Gold Coast City Council address?
A: The conditions under which legal professional privilege may be impliedly waived through a party's conduct or assertions in litigation.

Q: What's new in this 4th edition?
A: Analysis of case law developments since the 2016 3rd edition, refining how courts apply the doctrine to protect confidentiality of legal communications.

Q: Who is this book for?
A: Legal practitioners, law students, judges, academics in law, and corporate counsel.

How to Order

Learn more about how to order from CLNZ Books, including worldwide shipping and payment options.