Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 125

  (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.

  (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;

the court may find that the communication was so made or the document so prepared.

  (3)   In this section:

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