Where a deponent discloses the substance of instructions given to a solicitor in a trial affidavit, this constitutes waiver of legal professional privilege under s 122(2) of the Evidence Act 2001 (Tas), entitling the opposing party to discovery and production of documents recording those instructions. The parol evidence rule does not apply to exclude evidence relevant to whether an agreement arose by implication from a course of conduct, as distinct from an express written agreement.
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