1A client's instruction to their lawyer to positively plead a case the client knows to be false constitutes a 'positive step' to conceal or continue a fraud, and is a communication made 'in furtherance of the commission of a fraud' within s 125 of the Evidence Act 2011 (ACT), abrogating legal professional privilege.
2The fraud exception to privilege under s 125 focuses on the client's knowledge and intent; the lawyer need not be aware of the fraudulent character of the instructions for privilege to be lost.
3Section 500(2) of the Corporations Act 2001 (Cth) does not prevent the court from delivering a reserved judgment following voluntary winding up, though the court may elect to publish reasons without making formal orders.
