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Legal Professional Privilege In Australia
In Australia, legal professional privilege (also referred to as client legal privilege) is a rule of law protecting communications between legal practitioners and their clients from disclosure under compulsion of court or statute. While the rule of legal professional privilege in Australia largely mirrors that of other Commonwealth jurisdictions, there are a number of notable qualifications and modifications to the privilege specific to Australia and its states, and contentious issues about the direction of the privilege. History Legal professional privilege emerged in the 16th century in England; it was originally a privilege held by a lawyer rather than the lawyer's client. Legal professional privilege in Australia developed from the English common law privilege. The rationale for legal professional privilege in an Australian context has been explained in the following ways: * encouraging full disclosure of information by a client to a lawyer; * promoting compliance with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, smaller islands. With an area of , Australia is the largest country by area in Oceania and the world's List of countries and dependencies by area, sixth-largest country. Australia is the oldest, flattest, and driest inhabited continent, with the least fertile soils. It is a Megadiverse countries, megadiverse country, and its size gives it a wide variety of landscapes and climates, with Deserts of Australia, deserts in the centre, tropical Forests of Australia, rainforests in the north-east, and List of mountains in Australia, mountain ranges in the south-east. The ancestors of Aboriginal Australians began arriving from south east Asia approximately Early human migrations#Nearby Oceania, 65,000 years ago, during the Last Glacial Period, last i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Appeals Tribunal
The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. It is not a court and not part of the Australian court hierarchy; however, its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the ''Administrative Appeals Tribunal Act 1975'' and started operation in 1976. On 1 July 2015, the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal became divisions of the Administrative Appeals Tribunal. In December 2022, Attorney-General Mark Dreyfus announced that the AAT will be abolished and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spousal Privilege
In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege. Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from having to condemn, or be condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to their spouse. However, in some countries, the spousal privileges have their roots in the legal fiction that a husband and wife were one person ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privilege (evidence)
In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding. There are many such privileges recognised by the judicial system, some stemming from the common law and others from statute law. Each privilege has its own rules, which often vary between jurisdictions. Types One well known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. The rationale is that clients ought to be able to communicate freely with their lawyers, in order to facilitate the proper functioning of the legal system. Other common forms include privilege against com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Secrets Privilege
The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security. '' United States v. Reynolds'', which involved alleged military secrets, was the first case that saw formal recognition of the privilege. Following a claim of "state secrets privilege", the court rarely conducts an ''in camera'' examination of the evidence to evaluate whether there is sufficient cause to support the use of this doctrine. This results in court rulings in which even the judge has not verified the veracity of the assertion. The privileged material is completely removed from the litigation, and the court must determine how the unavailability of the privileged information affects the case. Function The purpose of the state secrets privile ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public-interest Immunity
Public-interest immunity (PII), previously known as Crown privilege, is a principle of English common law under which the English courts can grant a court order allowing one litigant to refrain from disclosing evidence to the other litigants where disclosure would be damaging to the public interest. This is an exception to the usual rule that all parties in litigation must disclose any evidence that is relevant to the proceedings. In making a PII order, the court has to balance the public interest in the administration of justice (which demands that relevant material is available to the parties to litigation) and the public interest in maintaining the confidentiality of certain documents whose disclosure would be damaging. PII orders have been used in criminal law against large organised criminal outfits and drug dealers where the identity of paid police informants could be at risk. Seeking the order An order that PII applies would usually be sought by the British government to pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shield Law
A shield is a piece of personal armour held in the hand, which may or may not be strapped to the wrist or forearm. Shields are used to intercept specific attacks, whether from melee weapon, close-ranged weaponry or projectiles such as arrows, by means of active blocks, as well as to provide passive protection by closing one or more lines of engagement during combat. Shields vary greatly in size and shape, ranging from large panels that protect the user's whole body to small models (such as the buckler) that were intended for hand-to-hand-combat use. Shields also vary a great deal in thickness; whereas some shields were made of relatively deep, absorbent, wooden planking to protect soldiers from the impact of spears and crossbow bolts, others were thinner and lighter and designed mainly for deflecting blade strikes (like the roromaraugi or qauata). Finally, shields vary greatly in shape, ranging in roundness to angularity, proportional length and width, symmetry and edge pattern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian States
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty (having ceded some sovereign rights to federation) and have their own constitutions, legislatures, departments, and certain civil authorities (e.g. judiciary and law enforcement) that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty. The Federation of Australia constitutionally consists of six federated states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia) and ten federal territories,Section 2B, Acts Interpretation Act 1901 out of w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Australian
''The Australian'', with its Saturday edition, ''The Weekend Australian'', is a broadsheet newspaper published by News Corp Australia since 14 July 1964.Bruns, Axel. "3.1. The active audience: Transforming journalism from gatekeeping to gatewatching." (2008). "''The Australian'' has long positioned itself as a loyal supporter of the incumbent government of Prime Minister John Howard, and is widely regarded as generally favouring the conservative side of politics." As the only Australian daily newspaper distributed nationally, its readership of both print and online editions was 2,394,000. Its editorial line has been self-described over time as centre-right. Parent companies ''The Australian'' is published by News Corp Australia, an asset of News Corp, which also owns the sole daily newspapers in Brisbane, Adelaide, Hobart, and Darwin, and the most circulated metropolitan daily newspapers in Sydney and Melbourne. News Corp's Chairman and Founder is Rupert Murdoch. ''Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Shorten
William Richard Shorten (born 12 May 1967) is an Australian politician currently serving as Minister for Government Services and Minister for the National Disability Insurance Scheme since 2022. He previously served as leader of the opposition and leader of the Australian Labor Party (ALP) from 2013 to 2019. He has also served as a member of parliament (MP) for the division of Maribyrnong since 2007, and held several ministerial portfolios in the Gillard and Rudd governments from 2010 to 2013. Born in Melbourne, Shorten studied law at Monash University. He worked in politics and in law before becoming an organiser with the Australian Workers' Union (AWU) in 1994. He was elected state secretary of the Victorian Branch of the AWU in 1998 before becoming AWU national secretary in 2001. In this role, Shorten played a prominent role as a negotiator following the Beaconsfield Mine collapse in 2006, which first brought him to national prominence. Shorten was elected to the House of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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