Evidence — Legally privileged communications — Admissibility of — Whether court could rely on O 33 r 3(1) and/or (2) of Rules of Court 2012 to adopt an appropriate procedure to resolve admissibility issue — Whether defendants could rely on alleged offence committed — Whether court could apply provisos (a) and/or (b) to s 126(1) of Evidence Act 1950 — Whether defendants had discharged burden under s 103 of Evidence Act 1950 — Evidence Act 1950 s 126(1) — Rules of Court O 33 r 3(1) & (2)