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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.
The case is notable as an authority for the test of legal professional privilege in Australian common law. It established the 'dominant purpose' test as the applicable test, overruling the 'sole purpose' test from Grant v Downs. This unified Australia's common law test with those established by prominent Evidence law statutes; particularly the ...
The Turkish Advocacy Code's rationale for the rules of legal professional privilege is that confidentiality enables lawyers to accurately encourage strong cases, which improves the efficiency of the legal system. [17] There is a fraud exception to both litigation privilege and legal advice privilege. [17]
Legal professional privilege: The 'dominant purpose' test is the common law test in Australia for legal professional privilege: 113. Bushel v Repatriation Commission: 1992 175 CLR 408; [1992] HCA 47 Mason: 1017 114. State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) 1999 160 ALR 588; [1999] HCA 3 Gleeson: 1016 115.
Professional privilege may refer to rights to maintain confidentiality in various professions and jurisdictions: Accountant–client privilege in the United States; Legal professional privilege: Legal professional privilege (Common Law) Legal professional privilege (Australia) Legal professional privilege (England & Wales)
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]
Legal professional privilege in Australia; Legal professional privilege in England and Wales; O. Ontario (Public Safety and Security) v. Criminal Lawyers' Association; S.
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 ...