In Tasmania, merely pleading reliance upon a state of affairs (such as in an estoppel defence) does not impliedly waive solicitor-client privilege over legal advice received in connection with the relevant transaction. The Full Federal Court majority approach in Telstra v BT Australasia — that pleading reliance on a state of mind waives privilege over advice material to the formation of that state of mind — is not followed in Tasmania. The question of implied waiver may still arise at trial depending on how the case develops.
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