Rule 9.2.5 permits (but does not compel) you to disclose confidential information for the purpose of preventing imminent serious physical harm to your client or to another person. 

General considerations

It is clear from the language of the exception that:

Rule 9.2.4 allows (but does not compel) you to disclose confidential information for the sole purpose of avoiding the probable (i.e. likely) commission of a serious criminal offence. 

Rule 9.2.3 allows you to disclose confidential information in a confidential setting, for the sole purpose of obtaining advice in connection with your legal or ethical obligations. 

You must be genuinely seeking assistance in the client’s interest, not engaging in ‘frivolous or promiscuous revelation’ of the confidential information or an opportunity to gossip (McKaskell v Benseman [1989] 3 NZLR 75, 88). Mixed purposes (e.g. financial reporting) will not fall under this exception.

Rule 9.2.2 allows you to disclose confidential or privileged information:

• when the law permits (but doesn't compel) disclosure
• where you are compelled by law to do so. 

Permitted by law

Rule 9.2.2 allows you to disclose confidential information when the law permits (but doesn't compel) disclosure.

It is up to you to decide whether disclosure is permitted under law. Some examples where the law permits you to disclose confidential information include:

Rule 9.2.1 provides an exception to the duty of confidentiality where your client has expressly or impliedly authorised a disclosure. 

As a lawyer, you owe a duty of confidentiality to your clients not to disclose their confidential information. There are very limited exceptions to this general duty.

The duty of confidentiality is at the heart of the lawyer-client relationship. It is also fundamental to the effective operation of the justice system.

Commissioner's foreword

Welcome to the VLSB+C’s Risk Outlook 2023, which highlights five risks for the Victorian profession that will be areas of regulatory focus for us in the coming year. It describes issues and conduct associated with each risk – all of which have the potential to cause consumer harm – and explains our planned response to them. It also contains some useful tips about how to avoid these risks.