Friday, 5 September 2025
Chair
Jacque Lethbridge, Partner, Martelli McKegg Lawyers
Recent Updates and Cases on Privilege, Waiver and Exemptions
- Privilege, waiver of privilege and exemptions
- Privilege is a shield and not a sword
- What is legal professional privilege and when and to what does it apply?
- When can privilege be waived and by who?
- Does accidental disclosure waive privilege?
- Documents and communications to which privilege will not apply
- Some recent cases
Presented by
Jacque Lethbridge, Partner, Martelli McKegg Lawyers
Paul Dalkie, Barrister
Prepared by Brad Cuff, Barrister, Capital Chambers
Description
Attend and earn 0.5 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Learning Objectives
- Understand recent developments in the law of privilege, including key court decisions
- Learn when privilege can be asserted, waived, or lost—intentionally or by accident
*Original Content was created in August 2024
Presenters
Paul Dalkie, BarristerPaul Dalkie has practised as a barrister for more than 24 years in New Zealand and Australia. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister he practised as a solicitor in Queensland for more than 8 years including at two global firms Blake Dawson Waldron (now Ashurst) and Cannan & Peterson, Sly & Weigall (now Norton Rose Fullbright). He has appeared and argued cases and conducted trials and appeals at all Court's levels, including the Privy Council. His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and directors disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia.
Brad Cuff, Barrister, Capital Chambers
Brad was a litigation partner in an international law firm before becoming a barrister sole in 2020. Brad is a professional member of the New Zealand Law Society and New Zealand Insurance Law Association. With extensive experience in insurance litigation and advice, Brad’s professional roles have included in-house legal service for a major medical indemnity insurer, heading the legal, risk and compliance team at a major US insurer and a top tier Sydney law firm. Brad has acted for some of New Zealand's largest insurers together with Australian insurers and underwriting agencies having a thorough knowledge and understanding of legislative and regulatory environments. His practice covers a wide range of insurance areas and civil litigation.
Jacque Lethbridge, Partner, Martelli McKegg Lawyers
Jacque has been practicing for 18 years and is a leading senior litigator routinely appearing in the High Court and superior courts. Jacque has represented corporate, commercial and private clients both in New Zealand and internationally in complex commercial litigation and conducted both criminal and civil trials in the District Court and High Court for the last 17 years. Jacque has taught the litigation module of the professionals course for the College of Law and is a member of the NZLS Litigation Skills faculty. Ranked ‘Recommended Lawyer’ in Leading Insolvency & Restructuring Lawyers, NZ since 2018 to present.
