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Prev | Newsletters | Next    Law Update Newsletter February 2004 - Page 1

GWM Lawyers and Conveyancers

Welcome to the February 2004 edition of this Law Update Newsletter, informing friends and clients of GWM Lawyers and Conveyancers of changes in the law that might impact on their personal or business lives.

In this newsletter:

Disposing of Obsolete Computers.

The rapid advances in technology make yesterdays personal computers quickly obsolete.

Due to such technological changes and the need for computers that are faster and that are capable of holding more information the majority of businesses tend to dispose of their computer hardware every 3 to 4 years.

The peril for businesses in updating their computer hardware is that sensitive information may still be accessed notwithstanding attempts to delete such information.

Obviously where appropriate care is not taken to delete information stored in obsolete computer hardware then businesses may find confidential information being exposed and further may result in a prosecution by the Privacy Commissioner.

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Confidentiality of Legal Advice

The Australian Taxation Office (ATO) is presently seeking confidential information from accounting firms and associations (including CPA Australia and the Institute of Chartered Accountants).

Where a tax payer has obtained an advice from an accountant with regards to tax planning, structuring and the like such advice and information pertaining thereto may be accessed by the ATO.

In the decision involving Daniels Corporation and the ACCC the High Court held the right of clients to legal professional privilege extends to information and documents that reveal communications between a client and his or her lawyer made for the dominant purpose of giving and obtaining legal advice on the provision of legal services, including representation and legal proceedings.

Obviously, tax payers who are "pushing" the envelope with regards to their taxation affairs should as a risk management measure arrange for such advices to be signed off by a solicitor thereby conferring the benefit of legal professional privilege.

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Disclaimer
The contents of this email newsletter are designed to provide basic information on changes in the law only. The information provided is an overview of the changes mentioned and, as such, is intended as an alert rather than as advice to take any specific action. Nothing contained in this email, therefore, should be taken as legal advice and no specific action is advised in relation to any particular circumstance. Detailed questions are welcome either by email (info@gwmlaw.com.au), by letter (PO Box 753 Port Macquarie 2444) or personal appointment (phone 6583 5266).

For further information regarding any of the changes to the law mentioned in this email contact GWM Lawyers and Conveyancers at info@gwmlaw.com.au by email, write to us at PO Box 753 Port Macquarie 2444 or phone for a personal appointment on 0011 61(0) 2 6583 5266. You may also go to our website www.gwmlaw.com.au, click on "Areas of Law" and follow the email links to one of our expert staff.
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