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Our Australian dispute resolution experts present LPP: The Legal Privilege Podcast, where we unpack the tricky concept of legal professional privilege (LPP) and apply some key principles to practical scenarios.
This podcast is part of our Legal Professional Privilege in Australia series where our regulatory and disputes specialists have developed a suite of resources to provide practical guidance on common questions and scenarios when dealing with LPP in Australia.
Everyone loves a war story! Our privilege experts share their practical experiences advising organisations on some thorny privilege issues, including what can happen when you try to “cloak” documents in privilege by involving internal legal, trying to claim privilege over an investigation report, and maintaining (or in this war story, potentially risking) common interest privilege.
This episode examines how legal professional privilege can be maintained in both internal and external communications, looks at some common privilege pitfalls and provides some practical tips on how these can be avoided.
Our legal professional privilege experts provide a refresher on common interest privilege, joint privilege and limited waiver, including differences between these concepts and when they might arise. We also discuss how you might look to protect privilege in different scenarios, by applying these concepts to a whistleblower case study.
As our hypothetical whistleblower investigation draws to a close, we discuss how to maintain privilege in materials created as part of an investigation both during and after the investigation has concluded, including where regulators or other third parties may seek access. We also explore the tricky area of disclosure and our experts provide insights into the approaches to privilege claims by ASIC, APRA, the ATO and the ACCC.
What types of activities and documents created in an investigation might attract a claim for legal professional privilege? We revisit our hypothetical whistleblower investigation and discuss the steps recommended to preserve privilege during an investigation, including in the context of Board reports.
In this episode, our experts provide a quick refresher on some of the key principles of legal professional privilege and discuss how these apply in the context of establishing an internal investigation through a hypothetical whistleblower investigation scenario.
Please reach out to your usual Herbert Smith Freehills contacts with any queries you might have on Legal Professional Privilege.
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Partner and Joint Global Head of Construction & Infrastructure Disputes, Perth
Executive Counsel, Sydney
Executive Counsel, Sydney
Senior Associate, Melbourne
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
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