Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 5) (NO 54 OF 2004) - REG 10

insert

    (2A)     Also, a document is not discoverable by a party to an action if the document is—

        (a)     a written confidential communication in relation to the action between—

              (i)     the party and a lawyer for the party; or

              (ii)     2 or more lawyers for the party; or

        (b)     a note of an oral confidential communication (made in person or by telephone) between—

              (i)     the party and a lawyer for the party; or

              (ii)     2 or more lawyers for the party; or

        (c)     a confidential document (whether delivered or not) and a solicitor for the party certifies in writing to the effect that evidence of the contents of the document would not be admissible in the action under the Commonwealth Evidence Act, part 3.10 (Privileges), division 1 (Client legal privilege) if the party were to object to the admission of the evidence.