Article
Implied Waiver Of Legal Professional Privilege: Key Lessons From Mastercard V ACCC
The Full Federal Court's decision in Mastercard v ACCC establishes critical boundaries for legal professional privilege in regulatory disputes, examining when affidavit evidence about corporate purpose and strategy can trigger implied waiver. This case demonstrates how seemingly routine procedural steps in litigation can unexpectedly expose privileged communications to disclosure, with significant implications for how corporations manage evidence in regulatory investigations.
Holding Redlich