NTIn ForceAct
Evidence (National Uniform Legislation) Act 2011
125Loss of client legal privilege – misconduct
Start here
Get a plain-English read of 125
Turn the raw legal text into a practical explanation grounded in Evidence (National Uniform Legislation) Act 2011.
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.
Evidence (National Uniform Legislation) Act 2011 73
(2) 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:
(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;
document so prepared.
power means a power conferred by or under an Australian law.