Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 117

Definitions

             (1)  In this Division:

"client" includes the following:

                     (a)  a person or body who engages a lawyer to provide legal services or who employs a lawyer (including under a contract of service);

                     (b)  an employee or agent of a client;

                     (c)  an employer of a lawyer if the employer is:

                              (i)  the Commonwealth or a State or Territory; or

                             (ii)  a body established by a law of the Commonwealth or a State or Territory;

                     (d)  if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a client--a manager, committee or person so acting;

                     (e)  if a client has died--a personal representative of the client;

                      (f)  a successor to the rights and obligations of a client, being rights and obligations in respect of which a confidential communication was made.

"confidential communication" means a communication made in such circumstances that, when it was made:

                     (a)  the person who made it; or

                     (b)  the person to whom it was made;

was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.

"confidential document" means a document prepared in such circumstances that, when it was prepared:

                     (a)  the person who prepared it; or

                     (b)  the person for whom it was prepared;

was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.

"lawyer" means:

                     (a)  an Australian lawyer; and

                     (b)  an Australian-registered foreign lawyer; and

                     (c)  an overseas-registered foreign lawyer or a natural person who, under the law of a foreign country, is permitted to engage in legal practice in that country; and

                     (d)  an employee or agent of a lawyer referred to in paragraph (a), (b) or (c).

"party" includes the following:

                     (a)  an employee or agent of a party;

                     (b)  if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a party--a manager, committee or person so acting;

                     (c)  if a party has died--a personal representative of the party;

                     (d)  a successor to the rights and obligations of a party, being rights and obligations in respect of which a confidential communication was made.

             (2)  A reference in this Division to the commission of an act includes a reference to a failure to act.



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