Where a party to defamation proceedings deliberately pleads reliance on legal advice (not merely the fact of obtaining advice) as part of a defence of qualified privilege, legal professional privilege over that advice is waived at the point of filing and serving the pleading, and cannot be restored by subsequently deleting the plea. The newspaper rule will not protect audio recordings of communications with a confidential source from interlocutory inspection where the identity of the source is effectively known on the materials, the source's identity has been pleaded in general terms as part of the defence, and the content of the communications is relevant to causes of action independent of defamation.
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