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This is the legal blog of Marc Testart, a member of the Victorian Bar.
Browsing All Posts filed under »Ethics/Professional Conduct«
Legal Services Board v DF [2011] VSC 292: A win-win for the lawyers who work pursuant to no-win no-fee litigation agreements.
‘To construe s 98 as prohibiting the charging of the premium when the client has effectively prevented the firm from obtaining a successful outcome by his or her own conduct would enable the client to ‘walk away’ from the firm at the eleventh hour (once all the hard preparation work for a trial had been done […]
Hearse v Staunton [2011] NSWCA 139: A warning to conveyancing solicitors: ‘amending’ a contract is not so simple.
June 9, 2011
A recent decision of the New South Wales Court of Appeal in Hearse v Staunton serves as a warning that contracts of sale of real estate cannot so simply be amended. The facts of the case are that a contract for sale for the property had initially been prepared showing the wife as the purchaser. […]
Rights and Obligations of Lawyers: Natural Justice, Case Management and Efficiency.
May 14, 2011
Principlesof natural justice can often conflict with case management. Lawyers have an important role to play in this issue. But how do the Courts strike the balance. And what role can the lawyer play? Does Counsel have a right to address the Court? Or, to put it a different way, does Counsel have an obligation […]
MyLearnedFriends 
June 30, 2011
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