Australia Leading Case legal advice privilege

Esso Australia Resources Ltd v Commissioner of Taxation

(1999) 201 CLR 49

JurisdictionAustralia

CourtHigh Court of Australia

Year1999

StatusBinding authority

Summary

Legal professional privilege is a common law right, not merely an evidentiary rule, and may be invoked to resist compulsory disclosure outside court proceedings.

Key Principle

The HCA held that legal professional privilege is a common law right, not merely a rule of evidence; it can be relied upon outside the courtroom to resist compulsory disclosure of privileged communications.

Area of Law

evidence

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Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

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