Australia Leading Case legal advice privilege

Esso Australia Resources Ltd v Commissioner of Taxation (Legal Privilege)

[1999] HCA 67

JurisdictionAustralia

CourtHigh Court of Australia

Year1999

StatusBinding authority

Summary

Legal professional privilege is a substantive common law right abrogable only by express statutory words or necessary implication, applying where legal advice is the dominant purpose.

Key Principle

Legal professional privilege cannot be abrogated by statute except by express words or necessary implication; it applies to communications for the dominant purpose of obtaining legal advice.

Area of Law

evidence

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Under UEA s 97, tendency evidence in sexual offence cases requires significant probative value but no striking similarity between the tendency and charged acts.

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Expert opinion evidence is admissible only if based on specialised knowledge, and the expert must identify the facts and reasoning underlying the opinion.

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