Independent consultants retained by solicitors on behalf of a client are agents of the client (not merely of the solicitors) for the purposes of client legal privilege under s 117 of the Evidence Act 1995 (NSW), and their reports prepared for the dominant purpose of obtaining legal advice are protected by s 118 legal advice privilege. Orders for production under Part 36 r 12 should not be made ex parte where it may be anticipated that questions of client legal privilege will arise, or should make express exception for privileged documents. The internal assessment of information by advisers to an insurer may fall outside the 'examinable affairs' of the insured corporation, even though the result of that assessment may be relevant to the value of the corporation's assets.
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