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ARTICLE · 25 MAY 2026

Commercial Litigation Update - May 2026

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Welcome to our litigation know-how update, where you will find the latest developments on commercial litigation topics from HSF Kramer’s Australian practice.

AustraliaCorporate/Commercial Law
Bryony Adams
Bryony Adams
Leon Chung
Leon Chung
Dan Dragovic
Dan Dragovic
Emma Iles
Emma Iles
Merryn Quayle
Merryn Quayle
Hugh Paynter
Hugh Paynter
Ante Golem
Ante Golem
Mathew Shelley
Mathew Shelley
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Welcome to our litigation know-how update, where you will find the latest developments on commercial litigation topics from HSF Kramer’s Australian practice. 

This is a monthly wrap-up of recent cases, developments, reports and other items of interest.

Privilege in the spotlight: Full Court rejects LPP claims

There have been two interesting recent Federal Court appeal decisions on legal professional privilege (LPP).

In Medibank, the Full Court dismissed Medibank’s application for leave to appeal against findings that LPP did not apply to three Deloitte reports prepared following a cyber incident in late 2022. 

The Full Court found no error in the primary judgment, in which it was accepted that the reports were commissioned for a legal purpose but not accepted that this was the dominant purpose when assessed objectively against the broader factual context, particularly having regard to Medibank’s: 

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