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  1. a few .com comments

  2. There are no legal issues

  3. You’ve got (lots of!) mail

  4. Information perfection core business

  5. Social media (for lawyers)?

  6. Confidential communication Dear colleagues, You may be interested in the recent case of Banksia Mortgages Limited v Crocker and Ors [2010] NSWSC 535.  Banksia involved legal advice sought by a company's Risk Manager from its in-house counsel via email. The in-house counsel's role was quite broad, involving the performance of both commercial and legal roles.   In determining whether the dominant purpose of the emails was to provide legal advice, the Court did not look at each email as a whole, but assessed each sentence of each email. As a result of this approach, the Court determined that although both emails in question, sought or provided legal advice, the final two sentences of the in-house counsel's email were 1) 'commercial advice' and 2) 'comment'. The Court held that although the final two sentences of the in-house counsel's email were not privileged, the balance of the email was of the requisite dominant purpose for privilege to be maintained.    The case is a reminder to consider whether legal advice needs to be separately communicated from commercial advice ,  perhaps in a different email. A copy of the decision can be viewed by clicking here.   Kind regards Justin McDonnell | PartnerMallesons Stephen JaquesWaterfront Place, 1 Eagle Street, Brisbane QLD 4000T +61 7 3244 8099 | M +61 417 196 858 | F +61 7 3244 8999justin.mcdonnell@mallesons.com | Partner profile | www.mallesons.com