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26 October 1983. Bench: Gibbs C.j., Mason, Murphy, Wilson, Brennan, Deane and Dawson JJ. Cited by: 558 cases. Legislation cited: 7 provisions. Cases cited: 145 cases.
- 558 cases
- 7 provisions
- 26 October 1983
Oct 26, 2014 · ON 26 OCTOBER 1983, the High Court of Australia delivered Baker v Campbell [1983] HCA 39; (1983) 153 CLR 52 (26 October 1983) The court ruled that legal professional privilege is not confined to actual or expected judicial and quasi-judicial proceedings, but may, in the absence of a provision to the contrary, be asserted in investigatory…
The court ruled that legal professional privilege is not confined to actual or expected judicial and quasi-judicial proceedings, but may, in the absence of a provision to the contrary, be asserted in investigatory procedures. 1300 00 2088.
Established in 1897, Franklin Baker Company is a manufacturer and exporter of desiccated and processed coconut products in the U.S. and abroad. The company manufactures the retail coconut brand Baker's Coconut.
- The Test
- Definitions
- Definition of Client
- Definition of Lawyer
- Communications with Third Parties Under The Common Law
- Loss of Client Legal Privilege
- Client Legal Privilege and Government Agencies
14.49 A key development in the common law in this area was the shift from a ‘sole purpose’ test to a ‘dominant purpose’ test. Until 1995, for a communication to be protected, it had to be made for the sole purpose of contemplated or pending litigation, or for obtaining or giving legal advice, as enunciated in Grant v Downs. In 1999, the High Court ...
14.70 In DP 69, the Commissions identified some drafting difficulties with the client legal privilege provisions of the uniform Evidence Acts.Section 117 defines the terms used within the division dealing with client legal privilege. Two proposals were made to change the definition of ‘client’ and ‘lawyer’ under the Act.
14.71 Under the Division, the term ‘client’ includes: 14.72 Under this definition of ‘client’, a private employer of a lawyer may not be a lawyer, whereas a government employer is not so restricted and may be a lawyer. 14.73 Following IP 28, it was put to this Inquiry that, provided sufficient independence is established, there is no sound policy r...
14.82 Section 117(1) defines a lawyer as including an employee or agent of a lawyer. The Acts further define a lawyer as meaning a barrister or solicitor.The issue of whether that definition of ‘lawyer’ means that a person must hold a current practising certificate was raised in a number of consultations throughout this Inquiry. It is an increasing...
14.101 In DP 69, the Commissions outlined significant development under the common law regarding the extension of legal advice privilege to cover communications with third parties. This change reflects divergence between the common law and the uniform Evidence Acts (which were intended to replicate the common law in this regard). The Commissions no...
14.123 Client legal privilege can be lost in circumstances such as: where a party has died; where the court would be prevented from enforcing an order of an Australian court; where the communication affects the right of a person; through waiver of the privilege; where the communication may be adduced by a criminal defendant; where there are joint c...
14.170 In response to IP 28, the New South Wales Ombudsman submits that serious thought should be given to whether client legal privilege should continue to be a basis for denying a ‘watchdog body’ access to documents.The submission states that 14.171 To address these issues, the New South Wales Ombudsman proposes two options for amending the unifo...
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Facts. The British model Naomi Campbell was photographed leaving a rehabilitation clinic after public denials that she was a recovering drug addict. The photographs were published in the Daily Mirror, a publication owned by MGN. Campbell sought damages under the English law through her lawyers Schillings, which engaged Richard Spearman QC and ...
