Text as at 25 March 2024

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117 Definitions

Explained inBill clause 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— was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law;

(a)the person who made it; or

(b)the person to whom it was made—

confidential document means a document prepared in such circumstances that, when it was prepared— was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law;

(a)the person who prepared it; or

(b)the person for whom it was prepared—

lawyer means—

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

(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.