NSW Bar Association v Evatt
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The role of the Court in disciplining practitioners is "entirely protective"
Re Davis
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"The bar is no ordinary profession. Counsel must command the person
confidence of other members of the bar...and of judges"
Adam v R
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Overturned by insertion of s 101A. In s 102, the other use to be made of the
evidence must be admissible.
Supreme Court Act 1970 - s 23
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23 Jurisdiction generally
The Court shall have all jurisdiction which may be necessary for the
administration of justice in New South Wales.
Duty to Opponent
(Barristers Rules)
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Rule 49: Must Not Mislead Opponent
Rule 50: Correct as soon as possible
Rule 52: No dealing with their clients
Rule 54: No ex parte communication with the Court
UCPR Pt 20
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, Resolution without Hearing
- Mediation, Arbitration, Conciliation
R v Reardon
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A prosecutor has a duty to make available all material which may be of
assistance to the defence
Em v R
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1. S 90 EA is a safety net provision if no other ground of exclusion is met.
2. Fairness under s 90 EA is about use of the evidence at trial, not how the
evidence was obtained.
3. The burden of proof is on the defendant.
NSWSC PN SC GEN 13
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, Search Orders
- "extraordinary"
- form of order included
- affidavit in support should describe the things, their location, why sought,
the prejudice to be suffered, occupants of the property
UCPR Pt 15
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Particulars
- Bailey v Commissioner for Taxation (confine, refine, avoid surprise)
UCPR Pt 42
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Costs
(See also s 98, CPA)
Remember -
42.1 (general rule)
42.5 (indemnity costs - Oshlack v Richmond River Council [relevant
delinquency]
42.21 (Security) Idoport v NAB (fairness to D, justice to P)
Advocacy Rules:
Legal Profession Uniform Conduct
(Barristers) Rules 2015
Give this one a try later!
The role of the Court in disciplining practitioners is "entirely protective"
Re Davis
Give this one a try later!
"The bar is no ordinary profession. Counsel must command the person
confidence of other members of the bar...and of judges"
Adam v R
,Give this one a try later!
Overturned by insertion of s 101A. In s 102, the other use to be made of the
evidence must be admissible.
Supreme Court Act 1970 - s 23
Give this one a try later!
23 Jurisdiction generally
The Court shall have all jurisdiction which may be necessary for the
administration of justice in New South Wales.
Duty to Opponent
(Barristers Rules)
Give this one a try later!
Rule 49: Must Not Mislead Opponent
Rule 50: Correct as soon as possible
Rule 52: No dealing with their clients
Rule 54: No ex parte communication with the Court
UCPR Pt 20
Give this one a try later!
, Resolution without Hearing
- Mediation, Arbitration, Conciliation
R v Reardon
Give this one a try later!
A prosecutor has a duty to make available all material which may be of
assistance to the defence
Em v R
Give this one a try later!
1. S 90 EA is a safety net provision if no other ground of exclusion is met.
2. Fairness under s 90 EA is about use of the evidence at trial, not how the
evidence was obtained.
3. The burden of proof is on the defendant.
NSWSC PN SC GEN 13
Give this one a try later!
, Search Orders
- "extraordinary"
- form of order included
- affidavit in support should describe the things, their location, why sought,
the prejudice to be suffered, occupants of the property
UCPR Pt 15
Give this one a try later!
Particulars
- Bailey v Commissioner for Taxation (confine, refine, avoid surprise)
UCPR Pt 42
Give this one a try later!
Costs
(See also s 98, CPA)
Remember -
42.1 (general rule)
42.5 (indemnity costs - Oshlack v Richmond River Council [relevant
delinquency]
42.21 (Security) Idoport v NAB (fairness to D, justice to P)
Advocacy Rules:
Legal Profession Uniform Conduct
(Barristers) Rules 2015