196. When is it ok to withhold documents from inspection?

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In this week’s solo episode, I’m explaining the concept of “legal professional privilege”. What is it, when does it attach to communications and should “privileged” documents be removed from a building’s books and records? I’m sharing the need-to-know court cases, practical tips to protect you and your clients and how to avoid the traps inexperienced players often fall in to.

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4 Comments. Leave new

  • Hi Amanda – you mention asking a 3rd party lot owner who wants to inspect privileged documents related to the body corporate in litigation with another lot owner.
    What happens with they refuse – because there is no legal requirement for them to sign a confidentiality agreement.
    Then surely the Strata Manager is still required to allow that 3rd party owner to inspect those privileged documents – without a confidentiality agreement.

    Reply
  • Hi Grant, good question. You are right: you could not force the inspecting party to sign a confidentiality agreement. When I proposed this in the situation I mentioned on the podcast though, it was met with cooperation. The other party understood the sensitive circumstances and that they had nothing to lose by signing.

    Reply
  • Hi Amanda, what happens when the COO receive legal advise against several owners who voted against a RWD but there is no litigation against these owners, is the legal advice the COO received legal privilege information or can the legal advice information be viewed by these several owners? Thank you Amanda.

    Reply
    • Hi Blue, I’d have to see the document and understand the background to answer with certainty, but if it’s legal advice about the potential liability of other owners to the strata company and/or about the potential for litigation by the strata company against these owners, then it’s likely to be privileged, even if there is no litigation yet.

      Reply

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