When Formal Control Isn’t Real Control: Lessons from Bywater for Modern Clients
The High Court’s decision in Bywater shows that real control sits with the person who actually makes the decisions. Many clients face the same risk when a single lawyer controls both strategy and trust funds. Clean Law’s escrow model returns practical control to the client, with independent oversight and no shared incentives.
When Purpose Blurs, Protection Disappears: The Lesson of Esso v Commissioner of Taxation
The High Court in Esso v Commissioner of Taxation confirmed the dominant purpose test for legal professional privilege and showed how easily privilege unravels when legal and commercial work is mixed. The case remains a warning that clarity of purpose must be built into structure, not reconstructed after the fact.