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ARTICLE · 18 SEPTEMBER 2019

Paradise (Papers) lost privilege

Article discusses results of recent case which indicates that privilege & privacy are diminished in the hacking & digital age.

AustraliaLitigation, Mediation & Arbitration

On 14 August 2019 the Australian High Court decided that the Glencore group could not rely on legal privilege to prevent the Australian Taxation Office from using part of the so-called "Paradise Papers", being documents hacked/stolen from the Bermuda law firm Appleby.

The papers were part of the documents known as the "Paradise Papers", which were stolen from Appleby's electronic file management system and provided to an international consortium of investigative journalists before being further distributed. Glencore sought an injunction against use by the Australian Taxation Office.

Glencore argued that the policy consideration supporting legal professional privilege, including encouraging taxpayers to obtain full and frank advice, should apply. The Court held that legal professional privilege is not a legal right that can found a cause of action, but rather an immunity from the exercise of powers which could otherwise compel disclosure of the

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