Misleading conduct

Course Info


CPD Points 1.5

  • C3: Ethics and Professional Responsibility (1.5)

Courses by this Author

This seminar looks at recent and important High Court commercial law cases. It will do so in seven sections. This module will cover developments in proportionate liability, contract damages, and the law of penalties, by reference to 3 cases: - Paciocco v Australia & New Zealand Banking Group Ltd and changes to the accepted approach to penalty clauses - Limitations of statutory proportionate liability regimes and Selig v Wealthsure - Clark v Macourt and the High Court’s approach to the assessment of damages in contract - Concluding summary and Q&A

Author Profile

Misleading conduct

The Law Society of Western Australia is the professional association for Western Australian barristers and solicitors


Course Summary

Course Details

The Legal Profession Complaints Committee sees a number of complaints arising from misleading conduct by lawyers towards clients, the court, colleagues or the general public. Misleading conduct, whether to gain advantage for the client or the lawyer, can range from ‘innocent’ or ‘inadvertent’ to ‘deliberate’ or ‘conscious’ – the latter being at the high end of dishonesty.

Examples of misleading behaviour will be provided in this seminar including:

  • oral and written legal submissions
  • affidavits and witness statements
  • communication with opponents, clients and the court
  • advertising, marketing and promotion
  • when not correcting an error “is” and “is not” misleading

This seminar further provides practical tips when responding to a complaint from the LPCC on such issues including the importance of obtaining good legal advice and not compounding the misleading behaviour in your response.

Level: General