Legal Privilege, Corporate Law, Ethics & Governance, Client Protection Legal Liaison Ltd t/as Clean Law Legal Privilege, Corporate Law, Ethics & Governance, Client Protection Legal Liaison Ltd t/as Clean Law

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.

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