More on absolute privilege and lawyers and clients: Hercules v Phease

In “Whistleblowers and the Law of Defamation: Time for Statutory Privilege?” [2005] 3 Web JCLI, David Lewis cites More v Weaver [1928] 2KB 520 as authority for the general proposition that lawyer-client communications are absolutely privileged, that is, that they may not be sued upon in defamation. I have not read the case to check out that assertion, but someone else has noted the proposition was doubted by Lord Atkin in Minter v Priest [1930] AC 588.
The leading case on absolute privilege and lawyers and clients in Victoria is Hercules v Phease [1994] 2 VR 411, a decision of the Full Court of the Supreme Court of Victoria. In the latest High Court case on absolute privilege, Mann v O’Neill (1997) 191 CLR 204, Gummow J obligingly provided a little case note: Continue reading “More on absolute privilege and lawyers and clients: Hercules v Phease”