We recently sat down with Dianna Worrell, Barrister at Cedric Hampson Chambers to discuss privilege claims ahead of her presentation at the upcoming seminar, Evidentiary Toolkit which will focus on evidence and the various forms of claiming privilege.
What are some of the types of privilege claims that can be made?
Broadly, the types of privilege claims that can be made include:
- The privilege against self-incrimination (including spousal privilege);
- The privilege of a client to protect all confidential communications with their legal advisor (legal professional privilege);
- The privilege to protect information that would be injurious to an identified public interest (public interest privilege);
- The privileges of priests and physicians.
What mistakes do you see people making when claiming privilege?
It is common practice when preparing lists of documents to simply include an item in the schedule such as “confidential communications between solicitor and client for the purposes of providing or requesting legal advice”. This is inadequate and exposes the party’s claim for privilege to being challenged. Documents should, at the very least, be identified by form, date and sender/recipient.
How does a liquidator exercise the right to examine a witness?
Liquidators have a right under s 596A of the Corporations Act 2001 (Cth) to examine an officer or provisional liquidator of a corporation. Under s 597B of the Corporations Act 2001 (Cth) liquidators may also apply to the Court to examine a person who has taken part or been concerned in examinable affairs of the corporation. The liquidator applies to the Court for the issue of an examination summons. The application must be accompanied by a supporting affidavit and a draft examination summons. The application may be made without notice to the proposed examinee.
Dianna Worrell is a barrister based in Brisbane. Prior to being called to the bar in , 2011, she worked in corporate advisory for a number of Brisbane firms , including Deacons, Dibbs Abbott Stillman and Minter Ellison. Dianna has a , predominantly commercial practice with a focus on insolvency, property , and general contractual disputes. She also acts in relation to estate , disputes. Dianna takes pride in assisting clients to achieve results in the , most streamlined way possible – whether that means moving swiftly to , mediation or obtaining summary judgment of all or part of a claim. In her , spare time she enjoys running and hanging out on the swings with her 2 , year old son. You can connect with Dianna via email firstname.lastname@example.org.