Glencore loses High Court Appeal – ‘legal professional privilege’ does not found an action but only provides immunity from disclosure (a ‘shield not a sword’)

On 14 August 2019, the High Court of Australia handed down a very significant decision holding that Glencore was NOT entitled to an injunction, compelling the Commissioner of Taxation to deliver up, and restraining him from using, various documents stolen from its lawyers in Bermuda (amongst the so called ‘Paradise Papers’ on the sole basis that they were the subject of ‘legal professional privilege.

FJM  15.8.19

See below for the High Court’s summary of this case. See also the Tax Technical articles on the AFR story and the ATO’s take on this case

[Tax Month – August 2019]