Legal Professional Privilege in Australia
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By: Ronald J. Desiatnik
Legal Professional Privilege in Australia brings together all the important aspects of the doctrine and all substantive decisions thereon, in a readable fashion rather than a bare and dry exposition. It covers the doctrine both at common law and as set out in the Evidence Act 1995, including its qualifications and exceptions thereto, and closely examines the associate and complex doctrine of waiver of the privilege. It also cites numerous cases to provide detailed illustrations of the application of the doctrine. Extensively revised and updated this third edition this practical book is an essential text for judges, magistrates, barristers, solicitors, police prosecutors, teachers and students of law Features * Authoritative, scholarly and comprehensive * Practical focus
AI Overview
"Legal Professional Privilege in Australia" by Ronald J. Desiatnik is a comprehensive legal text that delves into the doctrine of legal professional privilege (LPP) in Australia. Here is a detailed overview of the book:
Key Themes
- Introduction to LPP: The book begins by introducing readers to the fundamental principles of LPP in Australia, explaining its importance and scope within the legal system.
- Exceptions to LPP: Desiatnik thoroughly examines the exceptions to LPP, analyzing their development and application in various legal contexts.
- Balancing Client and Public Interest: The author discusses how the doctrine of LPP balances the interests of clients seeking confidentiality with the need for transparency and public access to relevant evidence.
- Historical and Contemporary Perspectives: The book provides a historical context for the evolution of LPP in Australia, while also addressing contemporary issues and challenges related to privacy and confidentiality.
Plot Summary
The book is structured to provide a clear and readable guide to all important aspects of LPP in Australia. It covers:
- Foundational Principles: The initial chapters introduce readers to the core concepts of LPP, including its definition, scope, and historical development.
- Substantive Decisions: The text includes a comprehensive analysis of significant court decisions related to LPP, highlighting how these decisions have shaped the doctrine over time.
- Exceptions and Limitations: Desiatnik explores the various exceptions to LPP, such as the public interest immunity and the need for disclosure in criminal proceedings.
- Practical Applications: The book provides practical insights into how LPP is applied in different legal scenarios, including litigation and corporate governance.
Critical Reception
While specific reviews are not provided in the search results, the book's reputation can be inferred from its publication history and academic reception:
- Academic Recognition: The book has been recognized as a seminal work in the field of Australian law, particularly in the area of legal professional privilege.
- Relevance in Legal Practice: The text's comprehensive coverage and strict doctrinal analysis suggest that it is highly regarded for its utility in legal practice and academic research.
- Editions and Updates: The book has been published in multiple editions, indicating its ongoing relevance and the need for updates to reflect changing legal landscapes.
Editions
The book has been published in several editions:
- 4th Edition: The latest edition, published by LexisNexis Australia, provides the most current insights into the doctrine of LPP in Australia.
- 3rd Edition: The third edition, published by LexisNexis Butterworths in 2017, was well-received for its detailed analysis of LPP in the context of modern legal challenges.
- 2nd Edition: The second edition, published by LexisNexis Butterworths in 2005, was a significant update to the field, providing a thorough examination of LPP with a focus on its practical applications.
In summary, "Legal Professional Privilege in Australia" by Ronald J. Desiatnik is a foundational text that offers a comprehensive understanding of the doctrine of LPP in Australia. It provides a detailed analysis of the doctrine's principles, exceptions, and practical applications, making it a valuable resource for legal professionals and scholars alike.