Qld Bar Exam - Ethics Cases and Questions And Answers
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Course
Qld Bar
Institution
Qld Bar
Qld Bar Exam - Ethics Cases and Questions And Answers
Bale and Anor v Mills
Breach of rule in Browne v Dunn - failing to put matters to witness in cross-examination - consequences
Facts: Bale were lawyer for Mills. Bale settled his PI case for Mills. Mills alleged he was pressured and given...
STUDYCLOCK
Qld
Bar
Exam
-
Ethics
Cases
and
Questions
Bale
and
Anor
v
Mills
Breach
of
rule
in
Browne
v
Dunn
-
failing
to
put
matters
to
witness
in
cross-examination
-
consequences
Facts:
Bale
were
lawyer
for
Mills.
Bale
settled
his
PI
case
for
Mills.
Mills
alleged
he
was
pressured
and
given
false
info
which
led
him
to
settle
his
PI
claim.
Bale
was
not
cross-examined
in
relation
to
certain
matters
and
was
given
no
opportunity
to
explain
his
actions
-
Breach
of
rule
in
Browne
v
Dunn.
Held:
·
Cannot
make
adverse
credibility
findings
against
a
witness,
where
allegations
of
dishonesty
have
not
been
put
to
them
in
cross-examination.
There
could
be
no
waiver
of
rule
because
of
the
overriding
duty
upon
a
judge
to
ensure
a
fair
trial.
Ordered
that
there
be
a
new
trial
due
to
the
trial
judge
findings
on
liability
(which
were
based
on
App’s
credit)
Day
v
Perisher
Blue
Pty
Ltd
Coaching
witnesses
-
improper
conduct
-
retrial
Facts:
D's
solicitors
prepared
document
outlining
“possible
areas
of
questioning"
given
to
witnesses.
Doc
included
suggestions
as
to
appropriate
responses
which
would
be
in
line
with
the
defendant’s
case.
This
conduct,
alongside
the
holding
of
a
pre-trial
conference
in
which
witnesses
jointly
discussed
evidence
to
be
given
at
trial.
Held:
conduct
seriously
undermined
the
trial
and
“tainted”
the
defendant’s
case,
as
witnesses
would
"all
speak
with
one
voice"
about
the
events
that
occurred.
Rule:
proper
practice
for
legal
practitioners
to
take
proofs
of
evidence
from
law
witnesses
separately
and
to
encourage
such
witnesses
not
to
discuss
their
evidence.
(r
68(b),
70
Bar
Rules)
What
do
section
of
LPA
governs
"conditional
costs
agreements"
and
"costs
agreements
involving
an
uplift
fee"
Conditional
Costs
Agreements
=
s
323
Conditional
Costs
Agreements
involving
an
uplift
fee
=
s
324 STUDYCLOCK
Ken
Tugrul
v
Tarrants
Financial
Consultants
Pty
Ltd
[No.2]
Communications
with
Court
-
improper
-
exceptions
to
rule
Rule:
No
communication
(written
or
oral)
with
judge's
chambers
in
connection
with
any
proceedings,
without
the
prior
knowledge
and
consent
of
all
parties.
Exceptions:
1.
Procedural
matters
(e.g.
whether
judge
is
robing
or
start
time.
2.
Ex
Parte
matters.
3.
Corro
is
permitted
by
Court
(e.g.
in
response
to
a
question
or
there
is
an
order
for
the
communication).
4.
Exceptional
urgent
circumstances.
Note:
cannot
simply
CC
other
party
-
this
was
found
to
be
improper
(LSC
v
Trost)
(rules
53,
55
Bar
Rules)
Which
Barristers'
Conduct
Rule
provides
for
"Devilling"
Rule
107.
Legal
Services
Commissioner
v
Mullins
Settlement
negotiations
-
withholding
information
-
knowingly
misleading
opponent
Facts:
Barrister
represented
client
at
mediation
in
PI
matter.
Barrister
didn't
mention
new
info
that
client
diagnosed
with
cancer.
Relied
upon
previous
report
omitting
the
cancer
so
client's
payout
was
higher.
Held:
barrister
intentionally
deceived
opponent
about
client’s
life
expectancy.
“The
‘fraudulent
deception’
was
the
barrister’s
‘silence’
leading
up
to
and
during
mediation.
Found
to
be
professional
misconduct.
(r
12(a),
48
and
49
of
Bar
Rules).
Which
Barristers'
Conduct
Rules
provide
for
the
"Work
of
a
Barrister"?
Rules
15
to
20
of
the
Barristers
Conduct
Rule
2011.
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