In King & Wood Mallesons’ (KWM) latest podcast episode, Partner, James Breese joined Peter Yeldham, Disputes Partner at KWM, for a comparative discussion on common interest privilege and how it operates across Australia and England.

James opens the discussion by reflecting on his experiences at the 2025 Singapore Reinsurance conference, emphasising the valuable global perspectives he gained. He then offers a clear explanation of common interest privilege, leading on to a broader conversation about its practical implications.

In the podcast, James and Peter also explore:

• The difference between common interest privilege and joint privilege.
• Waiver of legal professional privilege.
• Labelling correspondence “common interest privilege” (and relying on the label).
• Considering the benefits of disclosure against the possibility of later disputes with third parties.

James has more than seven years’ experience representing policyholders in complex insurance disputes. He has been ranked by The Legal 500 and Chambers for the past three years as a Rising Star and Up and Coming Partner. James joined Stewarts in 2022 to help establish the Policyholder Disputes team and was promoted to partner in 2024.

You can find further information regarding our expertise, experience and team on our Policyholder Disputes page.

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