Victorian Current Acts

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EVIDENCE ACT 2008 - SECT 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

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.

Division 1A—Professional confidential relationship privilege

Note

The Commonwealth Act and New South Wales Act include this Division.

Division 1B—Sexual assault communications privilege

Note

The New South Wales Act includes this Division.

Ch. 3 Pt 3.10 Div. 1C (Heading and ss 126J, 126K) inserted by No. 52/2012 s. 3.

Division 1C—Journalist privilege

S. 126J inserted by No. 52/2012 s. 3.



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