117. Definitions

117. Definitions

(1) In this Division-

client includes the following-

(a) a person or body who engages a lawyer to provide legal services or who employs a lawyer (including under a contract of service);

(b) an employee or agent of a client;

(c) an employer of a lawyer if the employer is-

(i) the Commonwealth or a State or Territory; or

(ii) a body established by a law of the Commonwealth or a State or Territory;

(d) if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a client-a manager, committee or person so acting;

(e) if a client has died-a personal representative of the client;

(f) a successor to the rights and obligations of a client, being rights and obligations in respect of which a confidential communication was made; confidential communication means a communication made in such circumstances that, when it was made-

(a) the person who made it; or

(b) the person to whom it was made - was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law; confidential document means a document prepared in such circumstances that, when it was prepared-

(a) the person who prepared it; or

(b) the person for whom it was prepared- was under an express or implied
obligation not to disclose its contents, whether or not the obligation
arises under law;

lawyer means-

(a) an Australian lawyer; and

(b) an Australian-registered foreign lawyer; and

(c) an overseas-registered foreign lawyer or a natural person who, under the law of a foreign country, is permitted to engage in legal practice in that country; and

(d) an employee or agent of a lawyer referred to in paragraph (a), (b) or (c); party includes the following-

(a) an employee or agent of a party;

(b) if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a party - a manager, committee or person so acting;

(c) if a party has died - a personal representative of the party;

(d) a successor to the rights and obligations of a party, being rights and obligations in respect of which a confidential communication was made.

(2) A reference in this Division to the commission of an act includes a reference to a failure to act.