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Legal Professional Privilege In Australia
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Book Synopsis Legal Professional Privilege by : Jonathan Auburn
Download or read book Legal Professional Privilege written by Jonathan Auburn and published by Hart Publishing. This book was released on 2000-07-14 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Legal Professional Privilege for Corporations by : Andrew Higgins
Download or read book Legal Professional Privilege for Corporations written by Andrew Higgins and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Practitioner's Guide to Global Investigations by : Judith Seddon
Download or read book Practitioner's Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Lawyers' Professional Responsibility by : Gino Evan Dal Pont
Download or read book Lawyers' Professional Responsibility written by Gino Evan Dal Pont and published by . This book was released on 2016-09-22 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Professional Privilege by : Colin Liew
Download or read book Legal Professional Privilege written by Colin Liew and published by . This book was released on 2020 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Uniform Evidence Law by : Miiko Kumar
Download or read book Uniform Evidence Law written by Miiko Kumar and published by . This book was released on 2015 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniform Evidence Law: Commentary and Materials, 5th editionhas been updated throughout to provide essential case and legislative extracts and thoughtful, concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania.
Book Synopsis Regulation, Litigation and Enforcement by : Michael Legg
Download or read book Regulation, Litigation and Enforcement written by Michael Legg and published by . This book was released on 2011 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: While litigation is often considered a last resort for achieving regulatory objectives, its use can have significant impacts on the regulator and regulated entity, and a consequential impact on industry, government and the public. REGULATION, LITIGATION AND ENFORCEMENT examines the procedural aspects of litigation in the regulatory context from the perspective of theory, policy and practice. It considers litigation issues common to all regulatory schemes, such as investigation and information gathering powers, and criminal law aspects of regulatory litigation. The different regulatory regimes are considered together so that they can be compared and contrasted. REGULATION, LITIGATION AND ENFORCEMENT reviews the need for regulation, forms of regulation and techniques of regulation. Pre-litigation steps are covered; coercive investigatory powers examined; and the limitations imposed by privilege discussed.
Book Synopsis Attorney-client Privilege in International Arbitration by : Annabelle Möckesch
Download or read book Attorney-client Privilege in International Arbitration written by Annabelle Möckesch and published by Oxford International Arbitrati. This book was released on 2017 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is based on a dissertation that was generously supported by the International Max Planck Research School on successful dispute resolution in International law, a research school organized by Heidelberg University and the Max Planck Institute for comparative public law and International law in Heidelberg."
Book Synopsis The Coercive Information-gathering Powers of Government Agencies by :
Download or read book The Coercive Information-gathering Powers of Government Agencies written by and published by . This book was released on 2008 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coercive information-gathering powers are important administrative and regulatory devices for government. At the national level in Australia many agencies use them to compel the provision of information, the production of documents and the answering of questions. In this report the Administrative Review Council considers in detail these powers, using as its reference point the powers of six agencies - the Australian Competition and Consumer Commission, the Australian Prudential Regulation Authority, the Australian Securities and Investments Commission, the Australian Taxation Office, Centrelink, and Medicare Australia. These agencies provided to the Council valuable insights into the operation of their coercive information-gathering powers.
Download or read book Privilege written by Colin Passmore and published by . This book was released on 2017-12-31 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Legal Professional Privilege in Australia by : Ronald J. Desiatnik
Download or read book Legal Professional Privilege in Australia written by Ronald J. Desiatnik and published by . This book was released on 1999 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Lewis & Kyrou's Handy Hints on Legal Practice by : Gordon David Lewis
Download or read book Lewis & Kyrou's Handy Hints on Legal Practice written by Gordon David Lewis and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lawyers written by Lise Barry and published by . This book was released on 2016 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Lawyers: Roles, Skills and Responsibilities combines three texts from the Thomson Reuters catalogue. In addition, students will fi nd discussion questions and exercises to help them revise and for use in tutorial activities. Copies of the current NSW Solicitors' and Barristers' Rules are included in the back of the text as an additional resource.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law of Privilege by : Suzanne B. McNicol
Download or read book Law of Privilege written by Suzanne B. McNicol and published by . This book was released on 1992 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Privilege by : Bankim Thanki
Download or read book The Law of Privilege written by Bankim Thanki and published by Oxford University Press, USA. This book was released on 2011-08-18 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Professional Privilege in EU Competition Investigations by : Etsuko Kameoka
Download or read book Legal Professional Privilege in EU Competition Investigations written by Etsuko Kameoka and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its current interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.
