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In Australia, legal professional privilege (also referred to as client legal privilege) is a rule of law protecting communications between legal practitioners and their clients from disclosure under compulsion of court or statute. While the rule of legal professional privilege in Australia largely mirrors that of other Commonwealth jurisdictions, there are a number of notable qualifications and modifications to the privilege specific to Australia and its states, and contentious issues about the direction of the privilege. ==History== Legal professional privilege emerged in the 16th century; it was originally a privilege held by a lawyer rather than the lawyer's client. Legal professional privilege in Australia developed from the English common law privilege. The rationale for legal professional privilege in an Australian context has been explained in the following ways:〔ALRC Discussion Paper 73, ("Client Legal Privilege and Federal Investigatory Bodies" ), Chapter 2.〕 * encouraging full disclosure of information by a client to a lawyer; * promoting compliance with the law by enabling lawyers to give full and considered advice on a client's legal obligations; * discouraging litigation and encouraging alternative dispute resolution; * protection of a client's privacy; * protecting access to justice. Justice Kirby of the High Court of Australia has described legal professional privilege as an "important human right deserving of special protection for that reason".〔'The Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission' (2002) (213 CLR 543 ), per Kirby J at ()–())〕 The Australian Law Reform Commission (ALRC) has adopted the terminology 'client legal privilege', as opposed to 'legal professional privilege', on the basis that the privilege is held by the client and not the lawyer.〔ALRC Discussion Paper 73, ("Client Legal Privilege and Federal Investigatory Bodies" ), Chapter 1, pages 22-23.〕 'Client legal privilege' is the terminology used in Commonwealth and state evidence statutes. However, the common law privilege remains almost universally described by courts as being 'legal professional privilege'. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Legal professional privilege in Australia」の詳細全文を読む スポンサード リンク
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