Victorian Current Acts

EVIDENCE ACT 2008 - SECT 117

    (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;

S. 117(1) def. of lawyer amended by Nos 17/2014 s. 160(Sch.  2 item 39.4), 38/2017 s. 85.

"lawyer" means—

        (a)     an Australian lawyer; and

        (b)     a non-participant registered foreign lawyer; and

        (c)     a 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.