This privilege only arises once the litigation is contemplated, unlike the ordinary type of legal professional privilege, which can come into existence prior to the contemplation of litigation.
22.
The High Court in " Mann v Carnell " established a test of'inconsistency'to determine whether a client has waived legal professional privilege over a communication.
23.
There is conflicting authority on whether legal professional privilege applies to communications prepared for the purpose of non-judicial legal proceedings, such as in administrative tribunals or commissions of enquiry.
24.
On 29 November 2006, Attorney-General Philip Ruddock asked the ALRC to inquire into legal professional privilege in the context of coercive information-gathering powers held by Commonwealth agencies.
25.
These include : the national security or defence of New Zealand; the maintenance of law and order; trade secrets and commercial confidentiality; personal privacy; and legal professional privilege.
26.
A Discussion Paper was released by the ALRC on 26 September 2007, noting the need for a clear and consistent approach to legal professional privilege in Australia and its states and territories.
27.
The current dominant purpose test, while more complex, significantly broadens the scope of legal professional privilege, as defined in " Esso Australia Resources Ltd v Commissioner of Taxation ".
28.
They are subject to legal professional privilege and are therefore duty-bound not to betray client confidentiality, thereby giving them the right to withhold information in court as would an attorney or doctor.
29.
In the law of England and Wales, legal professional privilege is divided into two types : advice privilege, and litigation privilege, the former category being more absolutely and broadly-defined than the latter.
30.
In 1979, the official recognition as representing the interests of the legal profession in Europe was given through its intervention in the case AM & S Europe Limited v Commission of the European Communities, which focused on the question of legal professional privilege for in-house counsel.
