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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Clayton Utz ordered by Published Date Descending.
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1
Rights holders rearmed with preliminary discovery powers by Full Federal Court
A prospective applicant for preliminary discovery need only prove that he believes that he MAY have a right to relief.
Australia
23 Dec 2017
2
Reminder to directors: Legal advice to the company may be subject to your claim for legal professional privilege, unless…
An understanding of legal professional privilege and its scope is extremely important for existing and former directors.
Australia
2 May 2017
3
Making a public interest immunity claim? New guidance on what you need to consider
Recent public interest immunity cases give useful guidance for government entities who may be contemplating such a claim.
Australia
1 Aug 2016
4
A whole of government approach to legal professional privilege
This decision on legal professional privilege will facilitate sharing of legal advice among NSW Government departments.
Australia
18 May 2016
5
Evidence, the Essendon 34, and the employee under suspicion
If you suspect misconduct or misuse of confidential information, you may still protect your business and other employees.
Australia
4 May 2016
6
Implications of the Dallas Buyers Club v iiNet decisions
These decisions may broaden the law on copyright infringement, and set more hurdles for preliminary discovery applicants.
Australia
4 May 2016
7
Third party notices: what costs can be claimed by receiving parties?
Costs and expenses of producing a document must be borne by the party seeking production, subject to a court assessment.
Australia
7 Mar 2016
8
Pulling off a painless document extraction for disclosure, Part 2
You need to limit the searches required, map the extraction and store documents in a suitable document management system.
Australia
23 Feb 2016
9
Pulling off a painless document extraction for disclosure in litigation, Part 1
It is important at an early stage to understand the duty of disclosure and the sources of potentially relevant documents.
Australia
9 Feb 2016
10
CU LAB: I've received a subpoena to produce documents in court - help! with Karen Ingram
Asking some simple questions can help you understand how to comply with a subpoena.
Australia
 
27 Sep 2015
11
CU LAB: If I put PRIVILEGED on the top of my email, that's enough, isn't it?
There's more to protecting legal advice than just slapping a label on it ‒ and it may not be legal advice to begin with.
Australia
24 Aug 2015
12
CU LAB: Do not let panic kill your privilege in an OHS investigation
When there's a work health & safety incident, you've got to be careful not to lose your legal professional privilege.
Australia
 
21 May 2015
13
Seeking preliminary discovery in commercial arbitration
A "matter" in section 8 of the Commercial Arbitration Act does not include an application for preliminary discovery,
Australia
6 Feb 2015
14
To disclose or not to disclose? Some legal guidelines regarding disclosure of litigation to the market
Directors and officers should review insurance and indemnity arrangements to ensure that they are adequately protected.
Australia
10 Apr 2014
15
"Without prejudice" not enough to keep employee's files confidential
Without prejudice offers may be seen as constructive dismissal or a predetermination of the outcome of an investigation.
Australia
27 Nov 2013
16
High Court rules on inadvertent disclosure of privileged material in discovery
Inadvertent disclosure of privileged material is not a waiver, in a court-ordered process and with a prompt response.
Australia
26 Nov 2013
17
Practising the practice note - Disclosure in the Equity Division
The NSW Supreme Court has taken a pretty broad approach when applying Practice Note SC Eq 11 - about disclosure orders.
Australia
28 Sep 2013
18
ASIC compulsory information gathering powers and legal professional privilege
Sometimes it is in your interests to disclose privileged information to ASIC.
Australia
25 Jun 2013
19
Experts and legal professional privilege
Assume all communications between legal advisers and experts have the potential to be disclosed to the opposing party.
Australia
12 May 2013
20
Accountants, lawyers and the privileged class: R v Special Commissioner of Income Tax
A UK case confirmed that legal professional privilege attaches to lawyer-client communications only, not to accountants.
Australia
11 May 2013
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