Section 126D — Evidence Act 1995 (NSW)

(1) This Division does not prevent the adducing of evidence of a communication made or the contents of a document prepared in the furtherance of the commission of a fraud or an offence or the commission of an act that renders a person liable to a civil penalty.
(2) For the purposes of this section, if the commission of the fraud, offence or act is a fact in issue and there are reasonable grounds for finding that—
(a) the fraud, offence or act was committed, and
(b) a communication was made or document prepared in furtherance of the commission of the fraud, offence or act,
the court may find that the communication was so made or document so prepared.

Related sections

• s 126A — Definitions
• s 126B — Exclusion of evidence of protected confidences
• s 126C — Loss of professional confidential relationship privilege: consent
• s 126E — Ancillary orders
• s 126F — Application of Division
• s 126G — Definitions

Research how courts apply s 126D

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