
Insights
Forensic investigation reports prepared in the wake of a cyber-attack: when does legal privilege apply?
In a recent decision of the Federal Court of Australia, Robertson v Singtel Optus Pty Ltd [2023] FCA 1392, it was held that a forensic investigation report prepared following a cyber-attack suffered by Optus was not protected by legal professional privilege. Privilege entitles a party to withhold evidence (either written or oral) from production to a third party or the Court.

