Client legal privilege over witness statements is not lost when those statements are served before trial in compliance with Commercial Division directions. The Evidence Act 1995 (NSW) principles on client legal privilege apply derivatively to pre-trial processes including discovery, interrogatories and subpoenas. Service of witness statements pursuant to court directions constitutes disclosure 'under compulsion of law' within s 122(2)(c), preserving privilege. The Harman obligation does not provide a substitute for, or displace, client legal privilege.
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