New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Management Act 2016 (Collarenebri); New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Management Act.. [2026] NSWLEC 85 — Civil Procedure & Subpoena — Barrister AI
New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Management Act 2016 (Collarenebri); New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Management Act..
objection to access of documents on basis of privilege
application of common law principles
Quick Take
1Claims for litigation privilege over third-party communications require focused and specific evidence identifying the dominant purpose of each communication; formulaic or conclusory assertions by a solicitor that documents are privileged are insufficient to discharge the onus, even where the solicitor is senior.
2The obligation of confidentiality required for litigation privilege must exist between the third party and the party asserting the privilege; general employment-based confidentiality obligations owed to an employer or the public do not establish the requisite relationship of confidence.
3Where a third party's involvement with a litigant's lawyers is multi-faceted (document collation, logistical support, witness liaison), the claimant must adduce evidence specific to each communication to demonstrate that the dominant purpose was the provision of legal services, rather than relying on a blanket characterisation of the relationship.
