Download Full eBooks in PDF
Legal Professional Privilege In Australia Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Legal Professional Privilege In Australia book. This book definitely worth reading, it is an incredibly well-written.
Author : Ronald J. Desiatnik
Publisher : Unknown
Page : 232 pages
File Size : 48,8 Mb
Release : 1999
Category : Attorney and client
ISBN : STANFORD:36105062952580
Author : Jonathan Auburn
Publisher : Hart Publishing
Page : 308 pages
File Size : 45,9 Mb
Release : 2000-07-14
Category : Law
ISBN : 9781841131016
Auburn, who has practiced and published in the areas of commercial law and evidence in both England and Australia, explores the principles underlying legal professional privilege and argues that we should be more skeptical of the claims made of the privilege and give more weight to the values underlying the disclosure of evidence. Takes a Commonwealth-wide approach, covering the law of England, Australia, Canada, New Zealand, and South Africa, as well as drawing on relevant principles from European and US law. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Author : Ronald Jules Desiatnik
Publisher : Unknown
Page : 128 pages
File Size : 45,9 Mb
Release : 2016
Category : Confidential communications
ISBN : 0409340774
Author : Andrew Higgins
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 40,9 Mb
Release : 2014
Category : Law
ISBN : 019870268X
A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of: - The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.
Author : Colin Passmore
Publisher : Unknown
Page : 700 pages
File Size : 43,5 Mb
Release : 2017-12-31
Category : Attorney and client
ISBN : 0414057538
The fourth edition of this highly practical book examines privilege in all its aspects in terms which will appeal to the practitioner and academic alike. The author's explanation of the subject is both detailed and analytical, providing the reader with a definitive, comprehensive and expertly written account. Explains the law of legal advice and litigation privilege in all its aspects Goes through the core principles of legal professional privilege, including its rationale and the nature of the right Looks at what constitutes privilege Identifies situations where privilege occurs Examines the boundaries of privilege Covers the circumstances when privilege is deemed to be lost Considers in detail `advice privilege¿ and `litigation privilege¿, covering the essential elements of both, the distinction between the two and matters specific to each such as the client-lawyer relationship, confidential communications and third party communications for `advice privilege¿, and legal proceedings, expert witnesses, witness statements, and criminal proceedings for `litigation proceedings¿ Assesses whether a documentary communication which was not made in privileged circumstances can subsequently to subject to legal professional privilege Deals with the consequences where the subject matter of a privileged communication is one in which two or more persons can establish a joint or common interest Addresses the general principles underlying the `crime-fraud exception¿¿, how it applies in both civil and criminal proceedings and the grounds on which it can be invoked Shows how a claim to privilege is made in civil litigation, when it can be challenged, the circumstances in which a court will exercise its right to inspect documents of which the claim to privilege is made and what happens when an order for production is made in respect of materials which are privileged in part only Takes into account the without prejudice privilege and how it differs from legal professional privilege Analyses key judgments which have established the principles of privilege
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 2007
Category : Civil procedure
ISBN : OCLC:225572333
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Author : Gino Evan Dal Pont
Publisher : Unknown
Page : 854 pages
File Size : 51,8 Mb
Release : 2016-09-22
Category : Attorney and client
ISBN : 0455239096
Lawyers' Professional Responsibility, sixth edition is a detailed yet accessible treatment of lawyers' legal and professional responsibilities, suitable for students and practitioners alike. This comprehensive book contains detailed footnoting of relevant provisions and rules in each Australian jurisdiction. Lawyers' Professional Responsibility's content and commentary are not confined to developments across Australia, but where relevant includes comparative coverage from the main common law jurisdictions, including the United States, Canada, the United Kingdom, New Zealand, Hong Kong and Singapore. This edition includes content and commentary on the Legal Profession Uniform Law, to date as implemented in New South Wales and Victoria, together with the various uniform rules, for both solicitors and barristers.
Author : Judith Seddon
Publisher : Law Business Research Ltd.
Page : 1026 pages
File Size : 55,8 Mb
Release : 2018-01-19
Category : Electronic
ISBN : 9781912377831
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author : Bankim Thanki,Chloe Carpenter
Publisher : Oxford University Press, USA
Page : 456 pages
File Size : 55,8 Mb
Release : 2011-08-18
Category : Law
ISBN : 9780199595433
Providing solutions to specific issues which regularly arise in practice, this practical guide gives detailed and up to date coverage of all key aspects of privilege including legal advice privilege, joint and common interest privilege, and the privilege against self-incrimination as they apply to litigation and non-litigation situations.
Author : Ronald Desiatnik
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2021-12-28
Category : Electronic
ISBN : 0409353655
This text is an engagingly readable reference work that covers all aspects of the "without prejudice" privilege as it applies in Australia. It covers the historical origins of the doctrine, its bases, definition and application, as well as exceptions to the doctrine, waiver of the privilege, and a close examination of the statutory equivalent of the privilege in the Evidence Acts of the Commonwealth, some of the States, and the ACT. There have been significant changes since the first edition of this work, not just in the relevant law, but in technology which can affect the application of the doctrine. This edition addresses these changes, as well as offering a detailed analysis of the current applicable case law and a clear explanation as to when and how the privilege should be used. Features * High level legal reference work * National application * Subject matter is applicable to every area of law involving disputes Related Titles * Desiatnik, Legal Professional Privilege in Australia, 3rd ed, 2016 * Heydon, Cross on Evidence , 12th ed, 2019
Author : David Greenwald,Marc Russenberger
Publisher : A&C Black
Page : 457 pages
File Size : 48,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781847668868
Privilege and Confidentiality: An International Handbook provides an overview of legal professional privilege (both legal advice privilege and litigation privilege) and confidentiality for in-house and outside counsel in the following jurisdictions: the US, Australia, Brazil, Canada, Chile, China, England and Wales, Germany, India, Japan, Mexico, Netherlands, Nigeria, Russia, South Africa, Spain, Sweden, Switzerland, Turkey, and the United Arab Emirates. Each chapter looks at recent developments in each jurisdiction and identifies possible strategies to enhance and strengthen the application of legal professional privilege around the world. This second edition includes a separate chapter on 'Legal Privilege and Confidentiality in Arbitration' and a new chapter on the ramifications of Europe-wide privilege and in-house counsel of the recent judgment by the ECJ in Akzo Nobel Chemicals Ltd and Akcros Chemical Ltd v Commission of the European Communities (September 2010), which has put the spotlight on legal professional privilege.
Author : Suzanne B. McNicol
Publisher : Unknown
Page : 501 pages
File Size : 49,5 Mb
Release : 1992
Category : Confidential communications
ISBN : 0455211566
Author : Miiko Kumar,Elisabeth Peden,Daniel Tynan
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2023
Category : Evidence (Law)
ISBN : 045524765X
"Uniform Evidence Law: Commentary and Materials 7th edition has been updated throughout to provide essential case extracts and thoughtful concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania"--Back cover.
Author : Ronald Desiatnik
Publisher : Unknown
Page : 128 pages
File Size : 41,8 Mb
Release : 2021-12-28
Category : Electronic
ISBN : 0409353639
This text is an engagingly readable reference work that covers all aspects of the "without prejudice" privilege as it applies in Australia. It covers the historical origins of the doctrine, its bases, definition and application, as well as exceptions to the doctrine, waiver of the privilege, and a close examination of the statutory equivalent of the privilege in the Evidence Acts of the Commonwealth, some of the States, and the ACT. There have been significant changes since the first edition of this work, not just in the relevant law, but in technology which can affect the application of the doctrine. This edition addresses these changes, as well as offering a detailed analysis of the current applicable case law and a clear explanation as to when and how the privilege should be used. Features * High level legal reference work * National application * Subject matter is applicable to every area of law involving disputes Related Titles * Desiatnik, Legal Professional Privilege in Australia, 3rd ed, 2016 * Heydon, Cross on Evidence , 12th ed, 2019
Author : Enid Campbell
Publisher : Federation Press
Page : 278 pages
File Size : 48,5 Mb
Release : 2003
Category : Law
ISBN : 1862874786
The publication of Parliamentary Privilege in Australia in 1966 established Enid Campbell as the country's leading scholar in the area. Now Professor Campbell has written a successor which, while drawing on parts of the earlier work, focusses on issues and problems which have arisen in recent years, particularly since the enactment of the Commonwealth Parliamentary Privileges Act 1987. Topics specifically examined in the book include - the scope of the central privilege of freedom of speech and debate in parliament; measures adopted by houses of parliaments to regulate exercise of that freedom; restrictions on the uses which may be made of evidence of what has been said and done in the course of parliamentary proceedings; immunities accorded to MPs in respect of various legal processes, such as ones which require them to appear before a court to give evidence; the powers of houses of parliaments to make inquiries and to delegate investigatory powers to committee of their members; the power of houses of parliaments to impose penalties of a criminal character and to discipline their members. This book, like its predecessor, will be the standard reference on the laws concerning the powers, privileges and immunities of Australian parliaments, their members and committees for the next generation.