LLB 197 Notes for Weeks 1 to 13. Complete and Detailed

72 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LLB 197 - Lawyers and Australian Society

LLB 197 Notes for Weeks 1 to 13. Included is detail references to material covered in lectures and tutorial readings as well as clear case summaries. Example: Giannarelli v Wraith (1988) • The appellants were convicted of perjury under s 314 of the CA 1958 (Vic) as a result of evidence they gave to a Commonwealth and Victorian Royal Commission. • Their convictions were quashed on appeal to the HC on the ground that s 6DD of the Royal Commissions Act 1902 (Cth) rendered the evidence given by the applicants inadmissible on the perjury charges. • The appellants instituted proceedings against their barristers for damages, alleging negligence in failing to advise that s 6DD would render their evidence to the Royal Commission inadmissible and the alleged failure to object to the tender of that evidence. • Mason CJ: counsel must not mislead the court, cast unjustifiable aspersions on any party or witness or withhold documents and authorities which detract from his client’s case. • The duty to the court is paramount and must be performed, even if the client gives instructions to the contrary. • Brennan J: Counsel may appear to represent the adversaries, but counsel’s duty is to assist the court in the doing of justice according to law. • The client is best served by a counsel who is manifestly independent. In representing a client, counsel is expected not only to exercise due skill and diligence but also to do the best of counsel’s ability whatever may legitimately be done in the client’s interests, for that is the way in which counsel assists in doing justice according to law.

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