Expert reports obtained by a respondent for the purposes of complying with s 20 of the Personal Injuries Proceedings Act 2002 (Qld) are not subject to legal professional privilege, because the dominant purpose of the pre-litigation procedures is to resolve claims without litigation. Communications associated with commissioning such reports are likewise not privileged. However, reports obtained for the dominant purpose of enabling a respondent to take legal advice on a claim remain privileged under s 30(1). The mere fact that an expert report refers to letters of instruction does not, without more, constitute an implied waiver of privilege in those instructions on the basis of 'unfairness' — the unfairness must involve abuse of privilege apt to confuse or deceive, not merely informational advantage.
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