Federal Court rejects Optus's privilege claim over Deloitte report

Are cyber breach investigation reports produced by external consultants protected by legal professional privilege? What do courts consider when deciding whether investigation reports are privileged? In the recent decision of Robertson v Singtel Optus Pty Ltd [2023] FCA 1392, the Federal Court of Australia found that a forensic investigation report produced by Deloitte (Deloitte Report) following the cyberattack on Singtel Optus and its related entities (Optus) was not protected by legal professional privilege.