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Legal professional privilege is a fundamental protection under Australian common law, yet it is frequently misunderstood or accidentally waived by clients. In this episode, Ella Leitch, a solicitor at Page Provan Family & Fertility Lawyers, breaks down the complexities of privilege and explains why it is a right that belongs exclusively to the client.

Ella discusses the dominant purpose test, which determines whether a communication or document is legally protected from disclosure. While many people understand the need for confidentiality during heated litigation, this episode explores the hidden risks in non-litigious matters, such as surrogacy. In cooperative legal processes, it can be tempting to share advice with the other party to move things forward; however, Ella warns that doing so can lead to an unintentional waiver of privilege that might affect your entire case. Learn how to recognise these risks and why consulting your lawyer before sharing any documentation is the only way to safeguard your legal position.

In This Episode:

• Defining legal professional privilege and its role in Australian law.
• Why the client holds the power to waive or maintain privilege.
• An explanation of the dominant purpose test for legal advice.
• The risks of sharing confidential information in surrogacy and cooperative matters.
• How intentional and unintentional waivers of privilege occur.
• The consequences of losing privilege over associated documents.
• Practical steps to ensure your confidential communications remain protected.

For expert guidance on your family or fertility law matter, visit: https://pageprovan.com.au/

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