Client Legal Privilege - IPA Submission

The IPA has lodged a submission with the Australian Law Reform Commission (ALRC) in response to its Discussion Paper 72 on Client Legal Privilege and Federal Investigative Bodies.

The IPA submission suggests that a bankrupt should not be able to raise the protection of privilege in response to demands by the trustee in bankruptcy for information or documents; the current law says otherwise.

The IPA has also queried the protection of privilege available to persons who have benefited from or been involved in 'voidable transactions' with the bankrupt or insolvent company, to the disadvantage of creditors.

We have also raised comparisons between the powers and responsibilities of federal investigative agencies and the investigative powers and responsibilities of insolvency practitioners acting as trustees, liquidators and administrators.

Any comment or inquiry about the IPA submission can be made to the IPA's Legal Director, Michael Murray, at [email protected]