The limits of the privilege against self-incrimination
What information-gathering powers do regulators like the ATO possess? What rights do clients have when questioned by regulators? JOHN FLEMING discusses the limits of the…
Protecting privilege during internal investigations: is lawyer work product at risk?
Australian courts have taken differing approaches about whether lawyers’ notes of interviews of witnesses are protected by privilege, depending on the particular circumstances involved. By…
The latest from the Federal Court: September 2016
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.
Key principles of privilege and waiver of privilege
The underlying facts play a large part in any privilege considerations – but practitioners need to clearly appreciate the legal principles. By GREG COUSTON and…
Subpoenae and claims for legal professional privilege
Where a client wishes to object to a subpoena that ‘catches’ allegedly privileged documents, it is important that the objections be made prior to the…
Tips for claiming legal professional privilege over investigation reports
There are many practical measures that can be taken to assist in structuring a workplace investigation to maximise the chances of attracting privilege. By PAULA…