Legal professional privilege and the foreign lawyer in Australia

Kee, Christopher and Feiglin, Jeremy 2006, Legal professional privilege and the foreign lawyer in Australia, Australian law journal, vol. 80, no. 2, pp. 131-140.

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Title Legal professional privilege and the foreign lawyer in Australia
Author(s) Kee, Christopher
Feiglin, Jeremy
Journal name Australian law journal
Volume number 80
Issue number 2
Start page 131
End page 140
Publisher Lawbook Co
Place of publication Sydney, N.S.W.
Publication date 2006
ISSN 0004-9611
Summary Legal professional privilege is very important to lawyers and clients alike. It has evolved within the common law world over a period of centuries. In a domestic Australian context the test to establish what attracts advice privilege has become reasonably well settled. However, the increasingly international character of commerce has revealed new challenges. Is the current test appropriate to determine whether advice given outside Australia by a foreign lawyer is privileged? This article considers that question in detail. After examining the historical development of legal professional privilege, the article discusses Kennedy v Wallace (2004) 208 ALR 424 (at first instance) and Kennedy v Wallace (2004) 142 FeR 185 (on appeal). The article concludes that the current test is both capable and appropriate if properly applied.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2006, Lawbook Co.
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Document type: Journal Article
Collection: Law
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