Publications / Dispute Resolution
An important issue for all in-house legal practitioners is maintaining the privilege in legal advice they provide as legal counsel to their employer company. The extent to which in-house counsel are protected by the doctrine of legal professional privilege has recently been the subject of a great deal of judicial consideration.
The case of Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd  QSC 82 raised the requirement of ‘independence’ of in-house counsel in establishing a claim for legal professional privilege. The case also dealt with the issue of whether legal professional privilege may attach to the advice given by in-house counsel who are not fully accredited Australian legal practitioners.