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The High Court Decision in the Glencore Case: Implications for LPP and dealing with regulators

The High Court Decision in the Glencore Case: Implications for LPP and dealing with regulators

Date & TimeTuesday 24 September 2019 12.30–2.30pm
Format Lunchtime Learning, Workshop
Price

Member

$110.00

Non-Member

$150.00

CPD Units 2
  • Substantive Law
Venue LIV Conference Room, Level 13, 140 William Street, Melbourne View Map

Community Legal Centre member price: $82.50

This workshop will provide an analysis of the recent High Court decision in Glencore International AG & Ors v Commissioner of Taxation and provide you with the knowledge and skills to identify the scope and validity of the exercise of regulators’ powers, an especially important consideration if there is contention over whether documents sought are protected by legal professional privilege (LPP). It will also cover other privileges and exceptions that must be front of mind for all legal practitioners advising their clients in relation to regulator requests and provide you with an opportunity to assess a real statutory notice for the production of documents.

This practical session is part of the LIV Lunchtime Learning series.

Further details below.

Program Overview

Further Details

  • Full Description

    The High Court's recent decision in Glencore International AG & Ors v Commissioner of Taxation has been handed down in a climate of increased focus on wide-ranging investigations and enforcement activities by Federal Government regulators, driven by governmental initiatives such as the Banking Royal Commission. As a result, requests and demands for the production of documents from Australian individuals and businesses are occurring with increasing regularity.

    Against this backdrop, and with increased community interest in and scrutiny of their work, the major regulators such as ASIC, ATO, ACCC and APRA will continue to exercise their wide-ranging statutory powers, and are ever more willing to challenge the comprehensiveness of compliance and claims for legal professional privilege.  

    This workshop will provide an analysis of the recent High Court decision in Glencore International AG & Ors v Commissioner of Taxation and provide you with the knowledge and skills to identify the scope and validity of the exercise of regulators’ powers, an especially important consideration if there is contention over whether documents sought are protected by legal professional privilege (LPP). It will also cover other privileges and exceptions that must be front of mind for all legal practitioners advising their clients in relation to regulator requests and provide you with an opportunity to assess a real statutory notice for the production of documents.

    Lunch will be provided.

    This session will be presented in two discrete components. The first part of the program will cover the following topics:

    • Analysis of Glencore International AG & Ors v Commissioner of Taxation
    • Overview of the regulators' powers to compel production of documents/information
    • Scope of the powers
    • Validity of the exercise of the powers
    • Compliance
    • Privileges and exceptions
    • Non-compliance and penalties

    The second part of the program will provide you with the opportunity to apply your newly acquired knowledge in this area of law.

    By attending this session, you will be able to:

    • Describe the most important aspects of the Glencore decision and convey its relevance to your clients
    • Advise clients in relation to the scope of and extent to which regulators can compel the production of their business records and communications
    • Advise clients in relation to the mandatory compliance requirements of the major government regulators in Australia
    • Comprehensively resist regulator requests for client communications when legal professional privilege is invoked

     

  • Presenter

    Amber Agustin, Partner, Clayton Utz
    Amber Agustin is a Partner at Clayton Utz. Amber specialises in revenue litigation and disputes and has particular expertise in the areas of regulator powers, tax administration and legal professional privilege. She has conducted litigation in the Federal Court, the Administrative Appeals Tribunal, the State Supreme Courts and various state administrative appeal tribunals. Amber is a Fellow of The Tax Institute and holds a Master of Laws by coursework and research.

  • About the LIV Lunchtime Learning Series

    The LIV Lunchtime Learning series is designed to provide lawyers with the information and skills required to keep their practice up-to-date and compliant with the constantly changing legal profession. Sessions are highly practical, and cover critical legislative changes and best practices across a range of subject matters and practice areas. Earn CPD points while enhancing key skills and knowledge over the course of a one or two-hour lunch.