Quick legal bite from the desk of Michelle Hallasso
The Hon Justice Lindsay Foster (Federal Court), together with The Hon Justice James Stevenson (Supreme Court) gave a fascinating seminar on 21 February 2018 at the Banco Court in the NSW Supreme Court on ‘Privilege in Litigation’.
Some highlights from each Judges’ presentation were as follows:
Justice Stevenson re-iterated the positive duty for legal professionals to notify their colleagues if they reasonably suspect that documents to which those colleagues’ privilege attaches have been inadvertently disclosed. His Honour emphasised that this
is a positive obligation on legal professionals.
Justice Forster warned that care should be taken by legal professionals when giving legal advices to ensure that such advice is genuinely given in a professional setting. A friend seeking advice in a social setting, for example, may not be considered a professional setting thereby attaching privilege to the communications between those friends.