Since publication of the 3rd edition of this text in 2016, case law in Australia has continued to affirm and elaborate on the principles of legal professional privilege. In Glencore International AG v Commissioner of Taxation (2019) 265 CLR 646, the High Court clarified that legal professional privilege is an immunity from the exercise of powers that would otherwise compel the disclosure of privileged communications. It is not an actionable legal right capable of being enforced as a cause of action. Then, in Sunland Group Ltd v Gold Coast City Council (2021) 158 ACSR 342, the Federal Court examined the conditions under which legal professional privilege may be impliedly waived, particularly when a party's conduct or assertions in litigation are inconsistent with the maintenance of that privilege. These and other cases demonstrate that legal professional privilege remains a robust and evolving doctrine in Australian law, with courts continuing to refine its application to ensure it serves its fundamental purpose of protecting the confidentiality of legal communications.
In this 4th edition of Legal Professional Privilege in Australia, author Ronald Desiatnik analyses recent developments in this doctrine that is vital to maintaining the integrity of the legal process, protecting client confidentiality, and ensuring that individuals can seek legal advice freely and without fear of disclosure.
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