(1)  This section only applies to a civil proceeding in connection with which 2 or more parties, before the commencement of the proceeding, have jointly retained a lawyer in relation to the same matter.

(2)  This Division does not prevent one of those parties from adducing evidence of –

(a) a communication made by any one of them to the lawyer; or

(b) the contents of a confidential document prepared by or at the direction or request of any one of them –

in connection with that matter.