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Australian Securities and Investments Commission v Macleod [2024] FCAFC 174

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PRIVILEGE - legal professional privilege - third party report - investigation into accounting issues - whether report was created for the dominant purpose of providing legal advice PRIVILEGE - waiver - implied waiver - whether voluntary disclosure of report to the regulator was inconsistent with the maintenance of confidentiality in the report - whether "derivative use" and/or "derivative disclosure" of the report amounted to a waiver of privilege - no waiver found - appeal allowed

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