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ARTICLE · 18 OCTOBER 2021

Queensland Government Bulletin - Legal professional privilege

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The client is entitled to refuse to disclose documents containing privileged communications to other parties.

AustraliaLitigation, Mediation & Arbitration
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Legal professional privilege issues for Queensland government lawyers – tricks and tips

By way of a quick recap, the principle, as stated by the High Court in Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49, is as follows:

"Legal professional privilege (or client legal privilege) protects the confidentiality of certain communications made in connection with giving or obtaining legal advice or the provision of legal services, including representation in proceedings in a court"

As such, it protects against the disclosure of confidential communications which were made for the dominant purpose of either:

  • a client obtaining legal advice; or

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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