Australia legal professional privilegedominant purpose testdiscovery

Esso Australia Resources Ltd v Commissioner of Taxation

Esso Australia Resources Ltd v Federal Commissioner of Taxation [1999] HCA 67; (1999) 201 CLR 49

JurisdictionAustralia

CourtHigh Court of Australia

Year1999

StatusBinding authority

Key Principle

The common-law test for legal professional (client legal) privilege is the 'dominant purpose' test, not the narrower 'sole purpose' test, so that a communication or document is privileged if it was made for the dominant purpose of obtaining or giving legal advice or for use in litigation.

Area of Law

evidence

Related Cases

IMM v The Queen (2016) 257 CLR 300

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

Chief Executive Officer of Customs v El Hajje (2005) 224 CLR 159

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