Ensure that you are always correctly keeping your communications privileged, confidential and that they are without prejudice. getting it wrong can certainly cost you and your client dearly. Be guided through the circumstances for each, the limitations and the implications.
Thursday, 12 March 2026
Early Bird Discount ends 19 Dec 2025
Description
Attend and earn 1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Professional Skills
1.00pm to 2.00pm "This Letter Is Privileged, Confidential and Without Prejudice": Belt-and-braces, Or Sword-and-shield?
- Explore the differences between these three concepts and when it is appropriate to rely on each
- When does privilege apply? How is it different from confidentiality?
- How is privilege defeated? How is confidentiality overcome? Do these circumstances differ?
- When is it appropriate to label a communication 'without prejudice'? And when can the content of a 'without prejudice' communication be revealed?
- Are there other professional limitations on revealing the content of communications?
Presented by David Townsend, Barrister, 3rd Floor Wentworth Chambers
Chair:
Lachlan Menzies, Barrister, 8th Floor Wentworth Chambers
Presenters
Lachlan Menzies, Barrister, 8th Floor Wentworth ChambersLachlan Menzies is a commercial litigator with more than 20 years’ experience. His practice combines large matters in collaboration with Senior Counsel, and a full range of matters unled. As well as litigation, he is briefed for transactional advice and drafting including direct briefs from in-house counsel. A strong position, control, and success in Court are built on precision in pleadings, affidavits, written submissions and associated legal research. Close cooperation with instructing lawyers and a positive client connection are maintained through practical advice, and meetings and calls in conference. Lachlan is adept at Information Technology in legal practice and holds a degree in computer science. Lachlan mainly practises in State and Federal jurisdictions in New South Wales, and also acts in Victoria and Queensland. Lachlan is a lecturer in the Master of Applied Law courses at the College of Law, appointed in 2009.
David Townsend, Barrister, 3rd Floor Wentworth Chambers
Dr David J. Townsend was called to the Bar in 2020 and practices in a broad range of commercial, equity and administrative law. Before being called to the Bar, he worked in the litigation departments of Gilbert + Tobin and Allens Linklaters specialising in complex litigation, class actions, consumer protection and commercial arbitration. David completed BA and LLB (Hon I) at the University of Sydney, and BCL, M.Phil and D.Phil at St John’s College, University of Oxford. His doctoral thesis focused on regulation of cross-border trade in Australia and the European Union. Alongside his studies, he served as President of the Oxford University Student Union. David is the author of numerous conference papers on commercial law, equity and insolvency, including the effect of the COVID-19 pandemic on substantive law, procedure and remedies. David accepts briefs to appear in all jurisdictions, although his practice is primarily based in Sydney. David has been appointed a member or office-holder of various professional committees of the NSW Bar Association over the years since his commencement at the Bar. Away from the law, David is a keen kayaker, steel drummer and woodcarver.
This seminar is part of a series
Essential Litigation Skills Series
Need to update your litigation skills? Attend one or all 3 across lunch and navigate the challenges in your litigation practice. Empower yourself to manage disputes strategically and uphold professional standards under pressure. From navigating modern litigation practice through to AI capabilities, managing client exceptions or mastering procedure, these skills are critical for delivering results, protecting clients' interests and managing a successful practice.
Description
Attend the full series and earn 3 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
View series listing
