Legal professional privilege attaches to reports prepared by independent solicitors retained by the Legal Practitioners Conduct Board (or its successor, the Commissioner) for the dominant purpose of providing legal advice in the exercise of the Board's statutory investigative function. The amended s 82(2a) of the Legal Practitioners Act 1981 (SA) applies retrospectively. Relevant factors in exercising the discretion to extend the time limit for laying charges include the length of delay, reasons for delay, prospects of success, and prejudice to the parties. A complainant's failure to obtain privileged legal analysis does not excuse delay where the complainant possesses all underlying factual material.
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