Promoting lawful compliance and protecting clients’ rights
11 December 2025
New guidance from the Law Council of Australia is designed to help the legal profession navigate the tricky intersection of client legal privilege (CLP) and requests for information or documents from federal regulators.
“Tensions can arise when federal regulators seek material that is exempt from production obligations because it is subject to CLP,” Law Council of Australia President, Juliana Warner said.
The strong protections afforded by CLP reflect the public interest in ensuring that clients can communicate openly with their lawyers, and that lawyers can provide full and frank advice without fear of disclosure.
“CLP must always be respected,” Ms Warner said. “There is a complex balancing act that must be undertaken when it comes to CLP and the information collection role of government agencies and regulators.
“Client legal privilege means a lawyer cannot disclose certain communications or documents to a regulator because the client is legally entitled to keep them confidential.
“This can create uncertainty about the scope of assistance a lawyer can provide, and federal regulators may feel they are not receiving information they would ordinarily expect.
“With the release this week of our ‘Guidance Note on client legal privilege and federal regulators’, we aim to provide a resource for both lawyers and federal regulators that can clarify obligations and responsibilities.
“We want to promote lawful compliance while respecting – and protecting – people’s rights, which is the fundamental principle behind the doctrine of legal privilege.
“The Guidance Note includes a checklist for legal practitioners to assist in responding to information requests from a federal regulator. The checklist can help practitioners effectively respond to statutory or voluntary information requests from Commonwealth regulators, such as the Australian Taxation Office, while preserving their client's legal rights including CLP.
“We believe issuing the Guidance Note is an important and proactive effort by the legal profession to clarify and educate about issues related to CLP.”
Contact: Kristen Connell | 0400 054 227 | kristen.connell@lawcouncil.au
Last Updated on 11/12/2025