Section 122(1) of the Evidence Act 1995 (NSW) encompasses implied waiver of client legal privilege, including imputed waiver by operation of law. Where a party cross-claims for misleading or deceptive conduct and puts reliance on pre-contractual representations in issue, maintaining that assertion while withholding evidence of legal advice received about the very matters in issue is inconsistent with maintaining confidentiality, and privilege will be treated as waived.
The full text is available to signed-in members, including the 31 later cases that cite this judgment.
2 of the 31 citing cases carry a classified treatment. How each court treated it is available to signed-in members.