Privilege
517 Privilege
An Australian legal practitioner is entitled to refuse to comply with a requirement under section 500 or 502 relating to a relevant document if—
the document contains a privileged communication made by or on behalf of or to the practitioner in his or her capacity as an Australian legal practitioner; or
the practitioner is not able to comply with the requirement without disclosing a privileged communication made by or on behalf of or to the practitioner in his or her capacity as an Australian legal practitioner.
The practitioner is not entitled to refuse to comply with the requirement to the extent he or she is able to comply with it without disclosing the privileged communication.
The practitioner is also not entitled to refuse to comply with the requirement if the person by or on behalf of whom the communication was made or (if the person is under administration under Part 5.3A of the Corporations Act, as applying under this Law, or in the course of being wound up) the administrator or the liquidator agrees to the practitioner complying with the requirement.
If the practitioner refuses to comply with the requirement, he or she must immediately give in writing to the Registrar—
the name and address of the person to whom or by or on behalf of whom the communication was made (if known to the practitioner); and
sufficient particulars to identify the document containing the communication (if the communication was made in writing).
Maximum penalty: $6 000.
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