Loss of client legal privilege: misconduct
125 Loss of client legal privilege: misconduct
This Division does not prevent the adducing of evidence of:
a communication made or the contents of a document prepared by a client or lawyer (or both), or a party who is not represented in the proceeding by a lawyer, in furtherance of the commission of a fraud or an offence or the commission of an act that renders a person liable to a civil penalty; or
a communication or the contents of a document that the client or lawyer (or both), or the party, knew or ought reasonably to have known was made or prepared in furtherance of a deliberate abuse of a power.
For the purposes of this section, if the commission of the fraud, offence or act, or the abuse of power, is a fact in issue and there are reasonable grounds for finding that:
the fraud, offence or act, or the abuse of power, was committed; and
a communication was made or document prepared in furtherance of the commission of the fraud, offence or act or the abuse of power;
the court may find that the communication was so made or the document so prepared.
In this section:
power means a power conferred by or under an Australian law.
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