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ARTICLE · 07 SEPTEMBER 2026

Legal Professional Privilege In Queensland

Legal professional privilege shields confidential communications made for obtaining legal advice or litigation purposes, but Queensland's civil procedure rules impose strict disclosure requirements and affidavit obligations when privilege claims are challenged. Expert reports and drafts face particular scrutiny, as they may not qualify for privilege protection under the rules.

AustraliaLitigation, Mediation & Arbitration

Article Summary

Legal professional privilege protects confidential communications and documents made for the dominant purpose of obtaining or giving legal advice, or for use in existing or reasonably anticipated litigation.

In Queensland civil proceedings, a privileged document is ordinarily excluded from the duty of disclosure by r 212(1)(a) of the Uniform Civil Procedure Rules 1999 (Qld). It must still be identified in the party’s list of documents as a document over which privilege is claimed, but it is not produced for inspection.

If the claim is challenged, r 213 requires the claiming party, within seven days, to file and serve an affidavit made by someone who knows the facts giving rise to the claim. Privilege can be lost by conduct inconsistent with keeping the communication confidential.

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