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Protecting your client’s privileged documents presentation


This presentation covers:

1. Protecting your client's privileged documents:

  • What does legal professional privilege mean?
  • What is subject to legal professional privilege and what isn't?
  • What should you do to protect legal professional privilege?
  • Can there be limited waiver of legal professional privilege if you do disclose?
  • Dangers of disclosing legal advice so as to run a RAP argument

2. ATO access to accountants workpapers and advice:

  • What do the ATO Guidelines say?
  • How much protection do they really offer?
  • What the courts have said
  • What should you do when asked by the ATO to provide your advice and workpapers?
  • ALRC recommendation to make accountants tax advice privileged.

Author profile

Carmen McElwain CTA
Carmen is Head of the national Tax Controversy team at Maddocks. She has specialist expertise in the conduct of tax controversy associated with the general anti-avoidance provisions of the Income Tax Assessment Act, transfer pricing, GST and all other areas of taxation on behalf of large corporates. She is also responsible for the management and conduct of tax litigation on behalf of the Australian Tax Office (ATO) including managing early disputes and alternative dispute resolution processes for the ATO. Carmen also conducts tax litigation on behalf of large corporates. - Current at 30 August 2017
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This was presented at ATO access to your and your client's documents .

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Individual sessions

Protecting your client’s privileged documents

Author(s):  Carmen MCELWAIN

Materials from this session:

ATO access to Accountants workpapers and advice

Author(s):  Ashley KING

Materials from this session:

Further details about this event:


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