JSB171 Lecture Notes - Lecture 1: Miscarriage, Perjury, Nominative Case
Document Summary
Cl framed in terms of professional negligence: hedley byrne v heller (affirmed immunity for barristers based on finality of proceedings offends against res judicata would be relitigating something finally determined by the court || kirby dissenting) Happening in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent australian legal practitioner. Only relates to conduct of a lawyer in connection with the practice of law. Competence = ability to deal with issues (skills, knowledge & understanding) Diligence = careful and precise in the way you exercise your skills, knowledge & understanding. Relates to morality conduct which would be reasonably regarded as disgraceful or dishonourable by other professionals of good conduct competency and repute: in re r and in. In connection with legal practice substantial or consistent unsatisfactory professional conduct: s419(a)
