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The Australian Law Reform Commission has adopted the terminology 'client legal privilege', as opposed to 'legal professional privilege', on the basis the privilege is held by the client not the lawyer. [4] 'Client legal privilege' is the terminology used in Commonwealth and state evidence statutes.
Legal professional rules have tended to adopt the broad view of the scope of duty recognised in contract law. The obligation to retain information in confidence, according to the professional rules in Australian jurisdictions is premised on its connection with the legal retainer rather than the source of the information. Hence, the professional ...
One well-known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. [1]
The documents were subject of a discovery order by the Commissioner of Taxation during a proceeding by the company against a set of amended income tax assessments. [1] The case is notable as an authority for the test of legal professional privilege in Australian common law.
There are several ways to gain admission to the bar, including: three years of training followed by the bar exam; five years of legal professional experience followed by the bar exam; a Ph.D. in law followed by either the bar exam or 3 years of legal professional experience; or possession of high academic qualifications in legal sciences (e.g ...
The Priestley 11 are eleven law subjects required to be successfully completed for candidate status for admission into practice as a legal practitioner in Australia.They are named after the Law Admissions Consultative Committee (LACC, commonly known as the Priestley Committee as it was chaired by Lancelot John Priestley) which in 1992 determined the minimum academic study requirements for ...
The Legal Profession Uniform Law Act (LPUL) took effect in New South Wales on 1 July 2015. [1] The Uniform Law creates a common legal services market across NSW and Victoria, encompassing almost three-quarters of Australia's lawyers. The scheme aims to harmonize regulatory obligations while retaining local performance of regulatory functions.
An inter jurisdictional Legal Services Council was established in order to regulate the legal profession and its delivery of legal services. [7] This resulted in the creation of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 [ 8 ] and the Legal Profession Uniform Conduct Barristers' Rules 2015 .