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Evidence (National Uniform Legislation) Act 2011
126Loss of client legal privilege – related communications and
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126 Loss of client legal privilege – related communications and
documents
If, because of the application of section 121, 122, 123, 124 or 125,
this Division does not prevent the adducing of evidence of a
communication or the contents of a document, those sections do
not prevent the adducing of evidence of another communication or
document if it is reasonably necessary to enable a proper
understanding of the communication or document.
Example for section 126
A lawyer advises his client to understate her income for the previous year to
evade taxation because of her potential tax liability "as set out in my previous
letter to you dated 11 August 1994". In proceedings against the taxpayer for tax
evasion, evidence of the contents of the letter dated 11 August 1994 may be
admissible (even if that letter would otherwise be privileged) to enable a proper
understanding of the second letter.