There is an old and well established privilege, the privilege against penalties, which is a relative of the privilege against self-incrimination. It entitles solicitors facing disciplinary prosecution to stay silent throughout the proceedings until the end of the Commissioner’s case unless the Tribunal makes an order requiring provision of written grounds and an outline of […]
Entries Tagged as 'Penalties privilege'
Tags: Discipline · doctors · duty to court · Evidence · Legal Profession Act · Legal Services Commissioner · litigation ethics · natural justice · Penalties privilege · procedure · prosecutors' duties
In Council of the Law Society of NSW v Clapin  NSWADT 83, NSW’s Bureau de Spank rejected a submission based on Jones v Dunkel which the Law Society said should be drawn against the solicitor, who did not give evidence: In dealing in this way with the question whether the Solicitor violated the statutory […]
Legal Services Commissioner v Dempsey  QCA 197 is an unsuccessful appeal from a disciplinary prosecution in which findings of dishonesty were made. Dye v Fisher Cartwright Berriman Pty Ltd  NSWSC 895 is a case in which an application for a costs assessment (NSW version of taxation) outside the allotted 12 month period succeeded. […]
Graymarshall Pty Ltd v Department of Environment, Climate Change & Water  NSWLEC 54 is a decision of NSW’s Land and Environment Court about the application of the privilege against penalties (related to, but separate from, the privilege against self-incrimination). A regulator issued a notice compelling the production of information to a company. The statute […]