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In South Australia, vexatious litigation laws were enacted in the mid-1930s with the Supreme Court Act 1935-1936, following similar laws enacted in Victoria. [7] In 2010 the Rann government acted to strengthen the ability of the courts to act against vexatious litigants by "increasing the range of courts and tribunals that can declare people as ...
This resulted in the creation of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 [8] and the Legal Profession Uniform Conduct Barristers' Rules 2015. [9] The States and Territories of Australia are regulated through co-regulation, self-regulation and independent regulation.
In May 2021 Awty, whilst still serving as CEO, joined the board of legalsuper, a superannuation fund for the Australian legal profession. [5] In 2019 the LIV published: Solicitors and the Law Institute In Victoria 1835-2019: Pathway To A Respected Profession, by leading legal history scholar and author, Dr. Simon Smith. [6]
"the solicitor must obey the law, and, in particular, he must comply with the rules made under the authority of statute for the conduct of the profession. If the rules require him to disclose his client's affairs, then he must do so." Statutory abrogation of the duty is limited in scope and purpose however.
A watching brief is a method normally used in criminal cases by lawyers to represent clients not directly a party to the suit and to function as an observer. The method is normally used to help protect the rights and interests of victims of a crime, or also to protect a defendant from possible malicious prosecution.
Australian law does not recognize a right to publicly-funded legal defense, but does recognize that in the absence of counsel the accused may not receive a fair trial as mandated by law. Only the states of New South Wales and Victoria have dedicated public defender systems. Courts have the power to stay proceedings when they determine there is ...
McKenzie v. McKenzie was a divorce case in England in 1969. [4] Levine McKenzie, who was petitioning for divorce, had been legally aided but the legal aid had been withdrawn before the case went to court. Unable to fund legal representation, McKenzie had broken off contact with his solicitors, Jeffrey Gordon & Co.
[9] [10] This was confirmed by the Australian Courts Act 1828 [11] an act of the Imperial Parliament which had the effect of ensuring that all English common and statute law up to 28 July 1828 was to have effect in New South Wales and Tasmania, and later Victoria and Queensland when they separated from New South Wales.