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October 4, 20269 min read

Legal professional privilege and suspicious matter reports

Legal professional privilege does not cancel the duty to consider a suspicious matter report. Whether a particular communication is privileged is the firm's legal conclusion, and this page does not say what to leave out of a report.

Quick answer

Privilege is not a blanket exemption from the suspicious matter regime. It may limit some information, and that limit is a legal judgment on the communication, made by the firm on its own advice. This page does not list facts to withhold and it does not script what to say to the client. What you must not tell the client is a separate page.

People search β€œlegal professional privilege AML” when a solicitor hopes the words legal professional privilege mean the firm can skip a suspicious matter report. Checked against AUSTRAC's suspicious matter reports page on 4 October 2026. This is general information, not legal advice. This page does not reproduce that guidance. How a Tranche 2 firm approaches the report is suspicious matter reports for Tranche 2. What you do not tell the client is AML tipping-off: what not to tell the client. The sector map is /tranche-2.

Privilege is not an off switch

A law firm can hold privileged communications and still have to consider a suspicious matter. Privilege attaches to particular communications. It is not a label the firm stamps on the whole client, and it is not a reason to avoid asking whether a report arises. Deciding what is privileged is legal work for the firm, on advice, about that material.

This page stops at the principle. It does not set out what to include, what to withhold, or how to describe a suspicion. It does not give words to use with the client. Telling the client that you are considering a report, or that you have lodged one, is the tipping-off problem, and it has its own page.

  • Consider the report anyway. Privilege does not erase the step of deciding whether a suspicious matter arises.
  • Privilege is specific. It is a conclusion about communications, not a status that covers every fact the firm happens to know.
  • The firm makes the call. This page cannot tell you that a given email or conference is privileged. That is your legal judgment.
  • Do not brief the client on the report. What you must not disclose is covered on the tipping-off page. This page does not script a safer way to hint.

Three ideas firms collapse

A sorting aid only. This table does not reproduce AUSTRAC's suspicious matter guidance, and it is not a list of what to omit.

IdeaThe principleWhat this page refuses to do
Privilege means no reportNo. You still consider whether a report arisesTell you to skip the report
The whole file is privilegedPrivilege is about particular communicationsMark a category of facts as always out
We should warn the clientDisclosing a report or a suspicion is a tipping-off problemDraft what to say
The software decidesThe firm decides, with its own adviceLodge the report for you

Where the privilege page stops

This page is the boundary between privilege and the duty to consider a report. It is not the filing guide and it is not the tipping-off page. Read suspicious matter reports for Tranche 2 and AML tipping-off: what not to tell the client.

What the client pays

On FreeAML the firm suite is A$0. The firm emails the client a link. Verification is client-pays. On the public list a personal KYC check is A$20 and a company or trust KYB check is A$40. Use KYB when the customer is a company or a trust. Privilege and reporting are not a customer check, and a verification the program still requires on that file remains client-pays. Confirm the live amounts on FreeAML pricing. FreeAML does not decide whether privilege applies or prepare a suspicious matter report.

Frequently Asked Questions

The report is the firm's. The check is the client's.

The firm suite is A$0. The firm emails the client a link when the program requires a check. The client pays. FreeAML does not lodge reports.

Open the Tranche 2 guide

Questions: team@freeaml.com.au