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Misunderstanding the nature of Propend privilege

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Published on 01 Oct 09 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

Propend privilege protects the selection and copying of documents which are provided for the dominant purpose of obtaining legal advice or for use in legal proceedings. That privilege does not have regard to the nature of the information contained in the copy documents, and waiver of that privilege can occur only if there is disclosure of the reason why a particular document was selected by the client for copying and provision to the lawyer.

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Christopher Branson
Chris was admitted as Solicitor NSW September 1967 and admitted as Barrister NSW in August 1975. He was then appointed Queen’s Counsel and QC in all states and territories. Chris has practised as an advocate in NSW, ACT, WA and NT since 1975 and is currently the Deputy Chairman of the Law Council of Australia Taxation Subcommittee and is a Member of the Board of Taxation Advisory Panel. - Current at 01 February 2012
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