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Banking and Finance Update February 2007 |
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Dibbs Abbott Stillman Lawyers restructured on 1 March, 2009.
The Sydney, Brisbane and Canberra offices are now DibbsBarker.
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Can legal professional privilege be claimed in a statutory investigation?
In the highly regulated world of financial services, there is the omnipresent possibility of a dispute between a bank and its customer (and/or guarantor) being investigated, and taken up against the bank, by a Commonwealth regulatory authority acting independently of that customer. An examination of the case authorities suggests that the issue of whether a Commonwealth agency, as part of a statutory investigation, can obtain and examine privileged material (such as a bank’s legal advice) is far from settled.
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Can legal professional privilege be claimed in a statutory investigation?
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Author: Justin Kang | Partner | Sydney
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