Explainer

The 1 July 2026 client–lawyer privilege changes

On 1 July 2026 a package of reforms to client–lawyer (legal professional) privilege came into effect across Australian jurisdictions. The changes tighten who can claim privilege, when it can be claimed, and how quickly it must be asserted in response to regulator and law-enforcement notices. Below is a plain-English summary of what changed and, importantly, what it means for the way I work with you.

What actually changed

• Privilege is tied to admitted practitioners. Only communications made for the dominant purpose of obtaining legal advice from a currently admitted Australian legal practitioner (or a recognised foreign lawyer) attract privilege. Communications with paralegals, consultants, and non-admitted advisers are not covered, even where the adviser is legally trained.
• Stricter dominant-purpose test. Mixed-purpose communications (e.g. legal + commercial) are now more readily treated as non-privileged unless the legal purpose is clearly the dominant one on the face of the record.
• Shorter timeframes to claim. Where a regulator or agency issues a notice to produce, privilege must be asserted (with particulars) within the notice window — silence or late assertion can be treated as waiver.
• Waiver is easier to trigger. Forwarding privileged material to third parties (including support people, coaches, or non-admitted advisers) can waive privilege over that material and, in some cases, related material.
• Court and tribunal disclosure. Parties must now file a short privilege schedule earlier in the proceeding, identifying documents withheld and the basis for the claim.

What it means for working with me

I hold an LLB (Bachelor of Laws) qualification, but I am not an admitted legal practitioner. Under the 1 July 2026 regime that means:

• Our conversations are not covered by legal professional privilege. I treat what you share as confidential, but confidentiality is not the same as privilege — a court or regulator could, in principle, compel disclosure.
• I do not provide legal advice. What I offer is general information, practical guidance, court preparation, advocacy and referrals.
• If your matter needs privileged advice (for example, anything you would not want disclosed to police, a regulator, or the other side), I will connect you with an admitted lawyer — through Legal Aid, a community legal centre, a duty lawyer, or private practice — before we go further.
• To help preserve any existing privilege, avoid forwarding letters from your lawyer to me or to third parties. If sharing is genuinely necessary, your lawyer should be the one to authorise it.