A superannuation trustee does not impliedly waive legal professional privilege over legal advice merely by denying breach of duties in its defence or by disclosing documents that refer to the existence and conclusion of the advice. The mere fact that a party's state of mind is in issue does not give rise to implied waiver unless the privilege holder has affirmatively relied on the contents of the advice to advance its case. Legal advice obtained by a superannuation trustee about its obligations regarding a particular beneficiary's disputed claim is not subject to joint privilege with that beneficiary, because the interests of the trustee and the claimant beneficiary are 'selfish and potentially adverse' to each other.
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