LAWS108 Lecture Notes - Lecture 7: New South Wales Bar Association, Environment Court Of New Zealand, Perisher Ski Resort
11 May 2018
School
Course
Professor
LAWS108 Lecture
Week 7 – Duty to the Court
Duty of candour
Paramount duty it to the court
- Uifo Soliitos Codut ‘ules
o Rule 3 – paramount duty to the court and the administration of justice
- Baistes ‘ules
o Rule 23 – A barrister has an overriding duty to the Court to act with
independence in the interests of the administration of justice
Rondel v Worsley [1969] 1 AC 191 at 227
- Ee Cousel has a dut to his liet fealessl to aise ee issue, adae every
argument and ask every question, however distasteful, which he thinks will help his
liets ase. But, as a offie of the Cout oeed i the adiistatio of
justice, he has an overriding duty to the Court, to the standards of his profession,
ad to the puli, hih a ad ofte does lead to a oflit ith his liets ishes
or with what the client thinks are his personal interests. Counsel must not mislead
the court, he must not lend himself to casting aspersions on the other party or
witnesses for which there is no sufficient basis in the information in his possession,
he must not withhold authorities or documents which may tell against his clients but
hih the la o the stadads of his pofessio euie hi to podue
Giannerelli v Wraith (1988) 165 CLR 543
- The pupose of out poeedigs is to do justie aodig to the la. That is a
foudatio of a iilised soiet…a liet ad pehaps the puli a soeties
think that the primary duty of counsel in adversary proceedings is to secure
judget i faou of a liet. Not so… a paado hih is oious to a ho
have experience in our courts, the client is best served by a counsel who is
aifestl idepedet
Candour in presentation of the law
- Counsel must not misrepresent the law to a court or tribunal
- Counsel is expected to be experienced in his or her particular legal friends and be
aware of the requirements of the applicable rules of the Court
- Counsel owes a duty to the Court to research relevant case law thoroughly, properly
instructing the judge so as to reduce the possibility of judicial error that may result
from improper instructions
- Counsel must not withhold authorities which may tell against their client but which
the law or the standards of the profession require counsel to produce
- Copeland v Smith [2000] 1 WLR 1371
Council of the New South Wales Bar Association v Fitzgibbon [2012] NSWADT 56
- That the Barrister be
o Publicly reprimanded with respect to the unsatisfactory professional conduct
found in relation to the first ground in the application
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