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The High Court in Mann v Carnell [14] established a test of 'inconsistency' to determine whether a client has waived legal professional privilege over a communication. That is, a client will have waived privilege where their conduct has been inconsistent with the maintenance of that privilege.
While Queensland has no legal aid for public interest environmental law, EDO Qld, with the pro bono assistance of members of the Queensland bar and private donations, has managed a number of cases in Queensland. These include: 'The Xstrata Climate Change Case': Queensland Conservation Council Inc v Xstrata Coal Queensland P/L, [4]
In addition to his practice in Queensland, he also practiced as a barrister in the High Court of Fiji from 1994-2007. [2] While a barrister, Daubney was involved in the administration and regulation of the profession, first as honorary treasurer of the bar association of Queensland from 1998-2005. In 2005 he held the position of vice-president ...
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
The society provides support and public advocacy for the legal profession. The society originated as an informal meeting of solicitors in Brisbane, on the 7th of August 1873, and was formalised as the "Queensland Law Association" in 1883. In 1927, it was incorporated under the current name, the "Queensland Law Society".
New South Wales v Fahy: 2007 Gleeson - workplace negligence – whether to override the existing test for breach of duty of care in Australia. Roach v Electoral Commissioner: 2007 Gleeson - Whether laws disenfranchising all prisoners were constitutional Thomas v Mowbray: 2007 Gleeson - Whether "interim control orders" were constitutional
Queensland and New South Wales formally split the legal profession between solicitors and barristers; South Australia, Victoria, Western Australia and the Australian Capital Territory have "fused" the professions of barrister and solicitor, but each state maintains an independent bar for lawyers who solely practice as barristers; and
In 2009, Victim Assist Queensland was established to support victims of violent crime and the Queensland Civil and Administrative Tribunal was established bringing together 23 separate civil, human rights and administrative tribunals. In 2010, the Queensland Sentencing Advisory Council was established.