Archive for solicitor

Service of later medical reports

ROFESSIONAL CONDUCT – LAWYERS – Where first defendant’s solicitors failed to serve a supplementary medical report until day before trial – whether statements made to and correspondence with other parties in relation to report was misleading – solicitors subject to a duty not to make misleading statements to other parties – whether affidavit of defendant’s solicitor providing an explanation for the delay in service was misleading – duty of honesty owed by solicitors extends to avoiding misleading the Court – extends to conduct which is liable to mislead even where no false statement is made – duty breached even if Court is mislead temporarily – instructing solicitor failed to correct representations made by counsel which were likely to mislead the Court – solicitors subject to a duty to correct misleading statements

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Solicitor's duty beyond the retainer

AS BANNISTER & ORS v SIRROM ENTERPRISES PTY LTD [2016] SASCFC 153

85. The extent to which the duty requires a solicitor to advise on matters beyond a client’s express instructions is problematic. In Micarone v Perpetual Trustees Australia Ltd,[1] Debelle and Wicks JJ identified the scope of a solicitor’s duty of care as follows:[2]

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