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 Lethbridge is a senior litigation partner and heads up the Disputes Resolution team at Martelli McKegg Lawyers. With over 20 years of experience across complex commercial litigation, financial services disputes, regulatory investigations and trust and property litigation, Jacque brings a deep understanding of both the courtroom and boardroom dimensions of legal practice. A trusted advisor to clients navigating high-stakes disputes, Jacque’s expertise spans High Court and appellate work, arbitration and alternative dispute resolution. Jacque is recognised for her expertise in contentious litigation, restructuring and insolvency work and has held various industry board positions including with the Restructuring and Insolvency Turnaround Association of New Zealand and The Law Association of New Zealand. She is actively involved in promoting and encouraging diversity in the legal profession and insolvency area and was a founding member and co-chair of Women in Restructuring and Insolvency. Jacque has been a regular speaker at seminars and conferences including for Legalwise Seminars, The Law Association, The New Zealand Law Society Litigation Skills and the College of Law.