Australian Capital Territory Current Acts

EVIDENCE ACT 2011 - SECT 125

    (1)     This division does not prevent the presenting 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 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 made or the document was prepared as mentioned in paragraph (b).

    (3)     In this section:

"power" means a power given by or under an Australian law.