Australia
The Evidence Act 1995 (Cth) and identical provisions in the Evidence Act 1995 of NSW and Tasmania now control when privilege prevents evidence is adduced during trial in any court (as defined by a proceeding bound by the laws of evidence). The rules of court in NSW extends the definitions in the Evidence Act to discovery and inspection of documents. The right, under legislation, has been renamed to reflect the fact that it is a right of the client. It is now client legal privilege (as opposed to legal professional privilege). The courts regard privilege as a "substantive general principle which plays an important role in the effective and efficient administration of justice by the courts", not a mere rule of evidence. As such, it extends to all forms of compulsory disclosure, including search warrants. Furthermore, although the legislature may restrict privilege "the law ease the way for the legislature to ".
Read more about this topic: Legal Professional Privilege
Famous quotes containing the word australia:
“I like Australia less and less. The hateful newness, the democratic conceit, every man a little pope of perfection.”
—D.H. (David Herbert)
“It is very considerably smaller than Australia and British Somaliland put together. As things stand at present there is nothing much the Texans can do about this, and ... they are inclined to shy away from the subject in ordinary conversation, muttering defensively about the size of oranges.”
—Alex Atkinson, British humor writer. repr. In Present Laughter, ed. Alan Coren (1982)