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Legal Professional Privilege in Australia, 4th Edition

Coming Soon Legal Professional Privilege in Australia, 4th Edition

Legal Professional Privilege in Australia, 4th Edition

作者： Desiatnik, R
出版商： LexisNexis Australia
ISBN: 9780409362091
出版时间 February 2025
规格： Hardback
适应领域： Australia ? 免责申明：
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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
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

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