Under s 58(1) of the Evidence Act 1995 (Cth), a court may draw inferences as to a document's authenticity from the document itself when determining relevance; authenticity is not a precondition to admissibility. National Australia Bank v Rusu (1999) 47 NSWLR 309 is plainly wrong on this point. Emails received and stored by a business, including attachments such as minutes of industry body meetings, are business records under s 69 even where the documents were created by a third party, provided the representations were made 'for the purposes of' the recipient's business. In civil cartel proceedings, communications between alleged co-conspirators who are not parties may be admitted provisionally under s 57 for the non-hearsay purpose of proving the existence of an agreement, subject to evidence linking the respondent to the agreement being led later.
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