LLB197 Lecture Notes - Lecture 1: Fiduciary, Perjury
Document Summary
Clayton: equitable remedies for breach of fiduciary duties, breach of confidence injunctions (restraining from acting where perceived conflict, equitable damages. The council of the law society of new south wales v foreman (1994) Facts: solicitor foreman was found guilty of professional misconduct and fined ,000 as well as having her name removed from the roll. Foreman tampered with time sheets to inflate her records for the sake of maintaining her department within her firm. Issues: the court is appointed to retain integrity and standards in legal practice. Kirby thus argues that while the removal from the right to practice is appropriate, the fine is inappropriate (but this is a dissenting judgment) However, this does not mean that personal misconduct is immune from professional disciplinary consequence. A person will only be disbarred for personal misconduct where their guilt makes them not a fit and proper person to practice.
