Navigating legal privilege - generally and in the government context

This bulletin provides an introduction to several grounds of legal privilege and waiver of legal privilege.

Victorian Government Solicitor's Office
5 Apr 2022

Legal privilege enables some parties to resist the requirement to disclose information or documents in accordance with a compulsory court process or other statutory power. Privilege may apply in the course of a hearing, during pre-trial proceedings such as discovery and inspection of documents, as well as in inquiries, investigations and disciplinary proceedings.

It is worth noting that the rules relating to legal privilege and public interest immunity are applied differently in criminal and civil proceedings.  This Bulletin explores legal privilege in the context of civil proceedings and does not cover privilege against self-incrimination, marital privilege, priest and penitent privilege and physician and patient privilege.