The Trade Practices Act 1974 (Cth) and the Demise of Legal Professional Privilege

The High Court granted special leave to appeals against the decision of the Full Federal Court in Australian Competition and Consumer Commission (ACCC) and in each case, the issue before the High Court will be whether section 155 of the Trade Practices Act 1974 (Cth) entitles the ACCC to seek the production of documents that contain communications the subject of legal professional privilege or more accurately client legal privilege. The issues relevant to the conflicting public policies inherent in legal professional privilege and effective investigation by the ACCC are examined.