CIVIL LAW (WRONGS) ACT 2002 - SECT 190 Onus on lawyer to show facts provided reasonable prospects of

CIVIL LAW (WRONGS) ACT 2002 - SECT 190

    (1)     For this part, it must be presumed that legal services were provided for a client by a lawyer on a claim for damages, or in defence of a claim for damages, without the claim or defence having reasonable prospects of success if—

        (a)     the trial court hearing the action finds that the facts established by the evidence before the court do not form the basis for a belief on reasonable grounds that the claim or defence had reasonable prospects of success; or

        (b)     the Supreme Court (if it is not the trial court) is satisfied, because of a finding, or the judgment, of the trial court, that the facts established by the evidence before the trial court do not form the basis for a belief on reasonable grounds that the claim or defence had reasonable prospects of success.

    (2)     The lawyer can rebut the presumption by establishing that, when the legal services were provided, there were provable facts that provided a basis for a belief on reasonable grounds that the claim or defence had reasonable prospects of success.

    (3)     For the purpose of rebutting the presumption, a lawyer may disclose information or a document despite client legal privilege (including any duty of confidentiality to a client) if—

        (a)     the client is the client for whom the legal services were provided; or

        (b)     the client consents to the disclosure; or

        (c)     the court is satisfied that the disclosure is necessary for the lawyer to rebut the presumption.