http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1654.html
EVIDENCE – client legal privilege – waiver – whether for purposes of s 122(2) Evidence Act 1995 party acted inconsistently with objecting to evidence of counsel’s advice – counsel’s advice formed part of basis for matters deposed to in affidavit but not mentioned in affidavit.
EVIDENCE – client legal privilege – waiver – whether for purposes of s 122(3) of Evidence Act 1995 party knowingly and voluntarily disclosed the substance of counsel’s advice – disclosure that counsel had recommended a course of action – no disclosure of counsel’s reasoning.
EVIDENCE – client legal privilege – wavier – where privilege in relation to other documents waived by voluntary disclosure – whether privilege waived pursuant to s 126 Evidence Act 1995 in relation to an advice of counsel because adducing evidence of it is reasonably necessary to enable a proper understanding of other documents.