122Loss of client legal privilege—consent and related

122 Loss of client legal privilege—consent and related matters (1) This division does not prevent the presenting of evidence given with the consent of the client or party. (2) Subject to subsection (5), this division does not prevent the presenting of evidence if the client or party has acted in a way that is inconsistent with the client or party objecting to the presenting of the evidence because it would result in a disclosure mentioned in section 118 (Legal advice), section 119 (Litigation) or section 120 (Unrepresented parties). (3) Without limiting subsection (2), the client or party is taken to have acted in the way mentioned in subsection (2) if— (a) the client or party knowingly and voluntarily disclosed the substance of the evidence to someone else; or (b) the substance of the evidence has been disclosed with the express or implied consent of the client or party. (4) The reference in subsection (3) (a) to a knowing and voluntary disclosure does not include a reference to a disclosure by a person who was, at the time of the disclosure, an employee or agent of the client or party, or of a lawyer of the client or party, unless the employee or agent was authorised by the client, party or lawyer to make the disclosure. (5) A client or party is not taken to have acted in a way inconsistent with the client or party objecting to the presenting of the evidence only because— (a) the substance of the evidence has been disclosed— (i) in the course of making a confidential communication or preparing a confidential document; or (ii) as a result of duress or deception; or (iii) under compulsion of law; or (iv) if the client or party is a body established by, or a person holding an office under, an Australian law—to the Minister, or the Minister of the Commonwealth, the State or Territory, administering the law, or part of the law, under which the body is established or the office is held; or (b) of a disclosure by a client to someone else if the disclosure is about a matter in relation to which the same lawyer is providing, or is to provide, professional legal services to both the client and the other person; or (c) of a disclosure to a person with whom the client or party had, at the time of the disclosure, a common interest relating to the proceeding or an anticipated or pending Australian or overseas (6) This division does not prevent the presenting of evidence of a document that a witness has used— (a) to try to revive the witness’s memory about a fact or opinion; or (b) in a way mentioned in section 32 (Attempts to revive memory in court) or section 33 (Evidence given by police officers).