Case list - Viva voce case list PDF

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Viva voce case list...

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Case & Legislation List

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Bannerman Brydon Folster & Co Murray, a 1972 decision, reported at volume 411 of the New Zealand Law Reports at page 430

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Ford v Financial Services Authority, a 2012 high court decision, an allEngland law report, volume 1238 at page [39]

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Eade v Vogiazopoulos, a 1999 supreme court decision, reported at volume 3 of the Victorian Reports at page 889

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Hawkins v Clayton, a 1988 high court decision, reported at volume 164 of the commonwealth law reports at page 559

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Credit Lyonnais SA v Russell Jones & Walker (a firm), a 2003 decision, reported at volume 7 of the Law Reports Professional Negligence.at page [28]

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May v Mijatovic, a 2002 high court decision, reported at volume 26 of the Western Australia reports at page 95,

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Banque Bruxelles SA v Eagle Star Insurance Co Pty ltd, a 1997 decision, reported at volume a191 of the Appeal Cases at page 214

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Harley v McDonald, a 1999 of the Appeal court of NZ, reported a volume 3 of the NZLR at page 545

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Hurlingham Estates Ltd v Wilde & Partners, a 1996 decision, reported at volume 37 of the Australian Taxation Reports at page 261

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D’Orta-Ekenaike v Victorian Legal Aid, a 2005 decision of the High Court of Australia reported at 223 of the Commonwealth Law Reports at page 1 at paragraph [86]

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Ginnarelli v Wraith a 1988 decision of the High Court of Australia reported at 165 of the Commonwealth Law Reports at page 543;

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Hall v Foong a 1995 decision of the Supreme Court of South Australia reported at 281 of the South Australian State Reports at 304.

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Falcon v Makin & Kinsey Solicitors Pty Ltd & Anor, a 2021 decision of the Victorian supermen court, reported at volume 171 at page 171

ACT Civil Liability Act 2002 (NSW) s5O o (1) A person practising a profession ("a professional" ) does not incur a liability in negligence arising from the provision of a professional service if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional practice

s296 of the Legal Profession Uniform Law s296 Unsatisfactory professional conduct o For the purposes of this Law, unsatisfactory professional conduct includes conduct of a lawyer occurring in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent lawyer.

297 Professional misconduct (1) For the purposes of this Law, professional misconduct includes—  (a) unsatisfactory professional conduct of a lawyer, where the conduct involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence; and  (b) conduct of a lawyer whether occurring in connection with the practice of law or occurring otherwise than in connection with the practice of law that would, if established, justify a finding that the lawyer is not a fit and proper person to engage in legal practice.  (2) For the purpose of deciding whether a lawyer is or is not a fit and proper person to engage in legal practice as referred to in subsection (1)(b), regard may be had to the matters that would be considered if the lawyer were an applicant for admission to the Australian legal profession or for the grant or renewal of an Australian practising certificate and any other relevant matters. 4.1.3 of the Legal Profession Uniform Law Australian Solicitors Rules 2015 – it states that – a solicitor must also deliver legal services competently, diligently, and as promptly as reasonably possible.

4 of the Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW). This section states that ‘these rules are made in the belief that: and I refer specifically to (b) barristers must maintain high standards of professional conduct and I also refer to (d) barristers owe duties to the court, to their clients and to their barrister and solicitor colleagues.

35 Duty to the client A barrister must promote and protect fearlessly and by all proper and lawful means the client’s best interests to the best of the barrister’s skill and diligence, and do so without regard to his or her own interest or to any consequences to the barrister or to any other person....