125Loss of client legal privilege: misconduct

### 125 Loss of client legal privilege: misconduct > > (1)  This Division does not prevent the adducing of evidence of – > > > > > > (a) 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 > > > > > > > (b) 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. > > > (2)  For the purpose 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 – > > > > > > (a) the fraud, offence or act, or the abuse of power, was committed; and > > > > > > > (b) 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. > > > (3)  In this section, > > > > > ***power*** means a power conferred by or under an Australian law.