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» » 125. Loss of client legal privilege - misconduct
2009-07-11

125. Loss of client legal privilege - misconduct

125. Loss of client legal privilege - misconduct

(1) This Division does not prevent the adducing of evidence of-

(a) a communication made or the contents of a document prepared by a client or lawyer (or both), or a party who is not represented in the proceeding by a lawyer, in furtherance of the commission of a fraud or an offence or the commission of an act that renders a person liable to a civil penalty; or

(b) a communication or the contents of a document that the client or a lawyer (or both), or the party, knew or ought reasonably to have known was made or prepared in furtherance of a deliberate abuse of a power.

(2) For the purposes of this section, if the commission of the fraud, offence or act, or the abuse of power, is a fact in issue and there are reasonable grounds for finding that-

(a) the fraud, offence or act, or the abuse of power, was committed; and

(b) a communication was made or document prepared in furtherance of the commission of the fraud, offence or act or the abuse of power-

the court may find that the communication was so made or the document so
prepared.

(3) In this section, power means a power conferred by or under an Australian law.

Posted by Dr Manhattan at 11:07 AM
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