The Glencore International AG v Commissioner of Taxation [2019] HCA 26 judgment confirmed that legal professional privilege is a shield, not a sword. A panel was facilitated by Nicholas Andreatidis QC, consisting of Level Twenty Seven Chambers barristers James Green and Sophie Gibson and forensic expert Brendan Read (KordaMentha), discussing the impacts of this and other decisions in the context of regulatory investigations (known and unknown), commercial disputes as well as civil and criminal penalty cases. The panel covered two main areas:
- Why Glencore will change how lawyers conduct matters
- Reviewed what can be done to seek to protect privilege and confidentiality
The slides from panel discussion can be found below.
Judgment Summary of Glencore v The Commissioner of Taxation [2019] HCA 26
The main risks to Legal Professional Privilege
What power do regulators have to compel disclosure of privileged material?
What can be done to protect privileged documents from breach or disclosure?
What can be done post-breach to protect privileged documents?
What to do when system hacked and sensitive documents published online
