Guidance Note on Client Legal Privilege and Federal Regulators
11 December 2025
This Guidance Note is intended to support the legal profession in dealing with federal regulators on client legal privilege (CLP) matters, in particular when federal regulators request information or documents that are, or might be, exempt from production obligations because they are affected by CLP. CLP is an important aspect of Australia’s system of administration of justice and facilitates the rule of law in the public interest. 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. The Guidance Note reaffirms that while regulators hold significant statutory powers, these operate alongside the common law doctrine of CLP, which protects confidential lawyer-client communications.
Legal practitioners, whether advising clients or responding to enquiries directed to them personally, must carefully balance disclosure obligations with their professional duty to maintain confidentiality. This Guidance Note promotes a proportionate, practical approach to issues regarding CLP when engaging with federal regulators and includes a checklist for legal practitioners to assist in responding to information requests from a federal regulator. This Guidance Note is a proactive measure from the legal profession to clarify and educate about issues related to CLP.
Last Updated on 11/12/2025