Stephen Warne on professional negligence, regulation and discipline around the world

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Interesting seminar series

February 25th, 2011 · No Comments

Tress Cox are putting on a seminar series I think is interesting.  Big firms typically all put out a case note about the same latest cases, and their clients yawn.  Tress Cox has chosen a different path: a seminar each about 5 landmark — but not necessarily recent — cases, with the catch phrase ‘How Well Do You Know Them?’  Older lawyers (a class which includes most judges) despair of younger lawyers’ enthusiasm for citing the latest case to have considered any particular issue. I can see both camps’ point of view.  It’s nice to know from the latest case that the law is up to date.  On the other hand, it is desirable in the interests of efficiency that reported cases of appellate courts — the cannon of the law — be used when possible, to save everyone reading a new case which says nothing much more than what should be the leading case.  What amazes me is the fact that younger lawyers overlook texts so often, no doubt because they are not part of their LexisNexis subscription.  The five cases are

  • Campbells Cash & Carry Pty Ltd v Fostif (litigation funding outside insolvency green lighted)
  • Woolcock Street Investments Pty Ltd v CDG Pty Ltd (duty of care)
  • Rogers v Whitaker (doctors’ duty to warn)
  • Esso Australia Resources v Commissioner of Taxation (legal professional privilege)
  • Calderbank v Calderbank (‘without prejudice except as to costs’ offers to settle litigation).

The details are here.  Sometimes when swimming, I have grandiose endorphin-fuelled ideas.  Sometimes I think it would be a more useful project for this blog to go through the CLRs, noting every case of interest to the world of professional discipline and professional negligence, rather than each new decision of VCAT’s Legal Practice List.  Somehow I never get around to it.  Perhaps there is a geek, or an enthusiastic youngster who would like to take up the challenge.

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Tags: Legal writing