The requirement in s 124(1) of the Evidence Act 2008 (Vic) that parties have 'jointly retained a lawyer' is satisfied where one joint privilege holder retains the lawyer for its own benefit and for the benefit of other joint privilege holders, without those other holders actively participating in the retainer. This is particularly relevant in trustee-beneficiary relationships where the trustee retains legal advice for the benefit of beneficiaries. Section 124 operates regardless of whether non-privilege-holding parties are present in the proceeding.
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