LAWS108 Lecture Notes - Lecture 6: Fiduciary, Kpmg

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAWS108
• Professor: Amanda Head

Document Summary

The lawyer must not accept the retainer if a conflict of interest is present. Serve to protect of an abuse of power. Law society of nsw v harvey (1976) 2 nswlr 154. 1165 stud road v power & ors (no 2) [2015] vsc 476. Legal practitioners conduct board v morel [2004] sasc 168. Conflicts that occur when the lawyer is acting for two or more parties that have a conflict between each other. Lawyers have to exercise their independent judgement even if a conflict doesn"t immediately arise. Taking on a new client that oppose the views of an existing client. Arising out of conflict alone or fiduciary duties. Spincode pty ltd v look software pty ltd & ors [2001] vsca 248; Even when there is no conflict the court can restrict lawyers from advising undermine justice. Carindale country club estate pty ltd v astill (1993) 115 alr 112;