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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 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. 

Table of Contents 

Chapter 1 Introduction 
Chapter 2 The History of Legal Professional Privilege 
Chapter 3 Definition & Application of Legal Professional Privilege 
Chapter 4 Basis of the Doctrine 
Chapter 5 Qualifications to the Doctrine 
Chapter 6 Common Law Exceptions 
Chapter 7 Statutory Exceptions 
Chapter 8 Express Waiver 
Chapter 9 Implied Waiver 
Chapter 10 Evidence Act 1995 
Chapter 11 A Parallel Privilege 
Chapter 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