LPP: The Legal Privilege Podcast

Latest episode

EP9: Privilege and collaboration platforms

Tania Gray, Christine Wong and  Brendan Donohue

Join our experts as they discuss how to approach legal professional privilege in the context of collaboration platforms such as Microsoft Teams, Slack and WhatsApp, particularly in light of possible requirements to produce documents to regulators, discovery obligations and other litigation processes.

EP8: Full Federal Court upholds effectiveness of voluntary disclosure agreement in ASIC v Macleod [2024] FCAFC 174

Andrew Eastwood, Bryony Adams and Maritsa Samios

Following the Federal Court’s significant judgment in ASIC v Noumi Ltd in 2024, the Full Court has now made orders allowing the appeals and finding that Noumi did not waive privilege in the PwC report by disclosing it to ASIC under a voluntary disclosure agreement. While the Full Court’s decision confirms that VDA arrangements can be an effective way to maintain legal professional privilege, Bryony Adams, Andrew Eastwood and Maritsa Samios explore why its reasons underscore the need for care to be taken before commissioning an investigation report, and entering into any limited waiver arrangement, such as VDAs.

EP7: Important privilege implications from ASIC v Noumi Ltd

Andrew Eastwood and Bryony Adams

Our team discuss an important Federal Court judgment handed down recently in ASIC v Noumi Ltd which has wide-ranging implications for organisations facing litigation and regulatory proceedings and their approach to legal professional privilege, particularly those in the banking and financial services sectors. 

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EP6: Privilege war stories

Elizabeth Macknay, Cameron Hanson and Andrew Eastwood

Everyone loves a war story! Our privilege experts share their practical experiences advising organisations on some thorny privilege issues, including what can happen when you try to “cloak” documents in privilege by involving internal legal, trying to claim privilege over an investigation report, and maintaining (or in this war story, potentially risking) common interest privilege.

EP5: Privilege pitfalls in day-to-day internal and external communications

Graeme Johnson, Kate Cahill and Eunice Park

This episode examines how legal professional privilege can be maintained in both internal and external communications, looks at some common privilege pitfalls and provides some practical tips on how these can be avoided.

EP4: Common interest privilege, joint privilege & limited waiver

Tania Gray, Mark Pavli, and Leah Serafim

Our legal professional privilege experts provide a refresher on common interest privilege, joint privilege and limited waiver, including differences between these concepts and when they might arise. We also discuss how you might look to protect privilege in different scenarios, by applying these concepts to a whistleblower case study. 

EP3: Disclosure and waiver in investigations 

Bryony Adams, Harry Edwards, Hugh Paynter and Patrick Clark

As our hypothetical whistleblower investigation draws to a close, we discuss how to maintain privilege in materials created as part of an investigation both during and after the investigation has concluded, including where regulators or other third parties may seek access. We also explore the tricky area of disclosure and our experts provide insights into the approaches to privilege claims by ASIC, APRA, the ATO and the ACCC.

EP2: Preserving privilege throughout an investigation

Andrew Eastwood, Kate Meikle and Danielle Briers

What types of activities and documents created in an investigation might attract a claim for legal professional privilege? We revisit our hypothetical whistleblower investigation and discuss the steps recommended to preserve privilege during an investigation, including in the context of Board reports.

EP1: Establishing the investigation

Christine Wong, Merryn Quayle and Brendan Donohue

In this episode, our experts provide a quick refresher on some of the key principles of legal professional privilege and discuss how these apply in the context of establishing an internal investigation through a hypothetical whistleblower investigation scenario.