A non-party to criminal proceedings in South Australia against whom an order is made on the return of a subpoena may appeal under s 50 of the Supreme Court Act 1935 (SA); the CLCA code governs appeals by parties to criminal proceedings only. A court may not inspect privileged material to determine whether privilege has been waived; the waiver question must be determined by reference to the privilege-holder's conduct. Disclosure by a co-accused of his version of events to the DPP does not waive privilege over the solicitor's file recording the preparation of those statements.
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