JSB171 Lecture Notes - Lecture 1: King & Wood Mallesons, Fiduciary, Kpmg
Document Summary
Legal professional privilege covers communications between client and legal adviser (baker v. Campbell; commr of taxation v pratt holdings (2003): to obtain confidential legal advice; or, regarding existing or anticipated litigation. Need not be sole purpose just principle purpose : for the dominant purpose of obtaining legal advice (otherwise would not have been created, come into existence. Obtaining confidential legal advice: ie not communication . Pasminco and terms of the retainer between solicitors and their client: cook v of oral conversations: anford pty ltd v gca properties. Existing or anticipated litigation not necessary that litigation has commenced if reasonable apprehension of litigation: must be a real chance not a mere possibility: mitsubishi electric v victorian workcovep. Without prejudice" communications (settlement: documents brought into existence in an endeavour to settle a dispute protected: field v. Jamieson: must be genuine attempt to settle a dispute: glengallen investments v arthur andersen, substance over form, even if not marked without prejudice": rodgers v rodgers.
