Section 126 — Evidence Act 1995 (NSW)

If, because of the application of section 121, 122, 123, 124 or 125, this Division does not prevent the adducing of evidence of a communication or the contents of a document, those sections do not prevent the adducing of evidence of another communication or document if it is reasonably necessary to enable a proper understanding of the communication or document.
Note. Example: A lawyer advises his client to understate her income for the previous year to evade taxation because of her potential tax liability “as set out in my previous letter to you dated 11 August 1994”. In proceedings against the taxpayer for tax evasion, evidence of the contents of the letter dated 11 August 1994 may be admissible (even if that letter would otherwise be privileged) to enable a proper understanding of the second letter.

Related sections

• s 123 — Loss of client legal privilege: defendants
• s 124 — Loss of client legal privilege: joint clients
• s 125 — Loss of client legal privilege: misconduct
• s 126A — Definitions
• s 126B — Exclusion of evidence of protected confidences
• s 126C — Loss of professional confidential relationship privilege: consent

Research how courts apply s 126

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.