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ARTICLE · 17 JUNE 2011

Marque Commercial Update - What's your dominant purpose?

Marque Lawyers
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A discussion on the test for legal professional privilege.

AustraliaCorporate/Commercial Law
Helen Foy (Formerly With Marque Lawyers)
Helen Foy (Formerly With Marque Lawyers)
Kim Middleton
Kim Middleton
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The test for legal professional privilege (LPP) is that the 'dominant purpose' of the communication over which privilege is claimed must be for legal advice or litigation.

The recent case of Wingecarribee Shire Council v Lehman Brothers Australia Limited (in Liquidation)may strike fear into the hearts of in-house lawyers of corporate groups in relation to whether or not advice given is covered by LPP. Fear not. You can retain your LPP even if you advise within a corporate group. Well, provided you don't do what Lehman's lawyer did.

Lehman Brothers Australia (LBA) was previously Grange Securities until it was bought by certain "Lehman entities". Our hero was the inhouse lawyer for LBA.

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