Definitions
117 Definitions
In this Division:
client includes the following:
a person or body who engages a lawyer to provide legal services or who employs a lawyer (including under a contract of service);
an employee or agent of a client;
an employer of a lawyer if the employer is:
the Commonwealth or a State or Territory; or
a body established by a law of the Commonwealth or a State or Territory;
if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a client—a manager, committee or person so acting;
if a client has died—a personal representative of the client;
a successor to the rights and obligations of a client, being rights and obligations in respect of which a confidential communication was made.
confidential communication means a communication made in such circumstances that, when it was made:
the person who made it; or
the person to whom it was made;
was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.
confidential document means a document prepared in such circumstances that, when it was prepared:
the person who prepared it; or
the person for whom it was prepared;
was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.
lawyer means:
an Australian lawyer; and
an Australian‑registered foreign lawyer; and
an overseas‑registered foreign lawyer or a natural person who, under the law of a foreign country, is permitted to engage in legal practice in that country; and
an employee or agent of a lawyer referred to in paragraph (a), (b) or (c).
party includes the following:
an employee or agent of a party;
if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a party—a manager, committee or person so acting;
if a party has died—a personal representative of the party;
a successor to the rights and obligations of a party, being rights and obligations in respect of which a confidential communication was made.
A reference in this Division to the commission of an act includes a reference to a failure to act.
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