PRIVILEGE - common law principles governing privilege - solicitor/client relationship - whether real prospect of litigation - where preliminary consideration of possible class action by solicitors to secure funding by litigation funder - onus of establishing dominant purpose of giving or obtaining legal advice or for use in actual or reasonably anticipated legal proceedings
PRIVILEGE - claim of privilege by applicants bringing class action - whether legal professional privilege attaches to confidential communications between lawyers and proposed class action group members - communication prior to agreement with a litigation funder - communication prior to the institution of proceedings - whether advice is unsolicited - whether privilege is waived - claim of privilege by trustee in bankruptcy - communications relating to bankruptcy proceedings - whether it is available to the trustee to explore the availability of a claim by investors - where the trustee is not a party to the proceedings
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