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ACT court clarifies in-house privilege
WHILE A PRACTISING certificate may be useful to in-house legal advisers, the failure to have one will not automatically void legal professional privilege, according to the ACT Court of Appeal.…
Lawyers Weekly
WHILE A PRACTISING certificate may be useful to in-house legal advisers, the failure to have one will not automatically void legal professional privilege, according to the ACT Court of Appeal.
The appeal of the ACT Supreme Court decision in Commonwealth of Australian and Air Marshall Errol John McCormack, means that in-house advisers who are admitted as lawyers, but who do not hold a practising certificate, are able to claim legal professional privilege over legal advice that they have created.
Justices Gray, Connolly and Tamberlin had to determine whether Justice Crispin had erred in introducing the requirement that a professional privilege claim could only be brought where a document was written by a person holding a practising certificate.
