Legal Professional Privilege – Are You Protected?

Overview
Recently, the ATO has shown an appetite to challenge claims for legal professional privilege (LPP). This
is often in the context of taxpayers responding to requests for information or formal notices.
The area of privilege can be a legal minefield. The focus of the session is to provide some practical
examples of the types of communications that are likely to attract privilege and those circumstances
where privilege can be waived, for instance:
- Who can give privileged advice? Can non-legal tax
advisers give privileged advice, can accountants with law degrees, how about non-lawyers working under
the supervision of lawyers, in-house corporate counsel? - Under what circumstances can privilege be
waived? Can on-disclosure to auditors, financial institutions constitute waiver, how about on-disclosure
to accountants, other departments within an organisation?
Learning Outcomes:
A better understanding of how legal professional privilege applies in
the context of responding to ATO information requests.
Suited to:
Small and large firms, for introductory to intermediate staff.
You will also be provided with:
- The PowerPoint Presentation Slide deck
- A Searchable Transcript
- Any Supporting Documentation
Course syllabus
2 lessons
- Legal Professional Privilege – are you protected?Video
- FeedbackSurvey
Your presenter
MinterEllison
Stephen Chen is a Senior Associate in the MinterEllison Tax team with close to
10 years of tax experience. Stephen has had diverse experience in various areas of tax. His
primary area
of focus is tax controversy and litigation, having instructed and appeared in over 120 court
and
tribunal proceedings in range of diverse issues including income tax, GST, stamp duty,
payroll tax,
research and development, debt recovery and legal professional privilege.
Stephen has
also
represented the ATO in a wide range of matters, including litigation, review of objections,
pre-assessment advice, review of settlement deeds, complex debt recovery and the drafting of
tax
rulings.