Publication:
Is my client's conduct dishonest or merely excusable sharp practice?

dc.contributor.author Austin, Janet Elizabeth en_US
dc.date.accessioned 2021-11-25T12:49:59Z
dc.date.available 2021-11-25T12:49:59Z
dc.date.issued 2008 en_US
dc.description.abstract Dishonesty is fast becoming entrenched in commercial law in Australia as the defining characteristic distinguishing criminal conduct from conduct which only has civil or civil penalty consequences. Many of the serious offence provisions under the Corporations Act 2001 (Cth) require the prosecution to prove dishonesty and dishonesty has been adopted as a key element of the new cartel offence provision which is proposed for inclusion in the Trade Practices Act 1974 (Cth). Whilst deciding whether conduct is dishonest may be straightforward in most cases, situations can arise where a lawyer may be asked to advise a client as to whether a proposed course of conduct is dishonest and the answer may not be clear cut. Advising a client in such a situation may be difficult because current tests of dishonesty tend to reflect standards of ethics and morality generally accepted by the community which may not accord with the client’s and/or the lawyer’s personal standards. This article will examine the concept of dishonesty in the context of commercial crime, attempt to add some clarity to this particularly fluid concept and scrutinize the lawyers’ role in ensuring clients’ actions accord with community values. en_US
dc.identifier.uri http://hdl.handle.net/1959.4/38249
dc.language English
dc.language.iso EN en_US
dc.rights CC BY-NC-ND 3.0 en_US
dc.rights.uri https://creativecommons.org/licenses/by-nc-nd/3.0/au/ en_US
dc.source Legacy MARC en_US
dc.subject.other Professional Ethics (390204) en_US
dc.subject.other Criminal Law (390106) en_US
dc.subject.other Corporations Act en_US
dc.subject.other Dishonesty en_US
dc.subject.other Trade Practices Act en_US
dc.subject.other Legal Ethics en_US
dc.title Is my client's conduct dishonest or merely excusable sharp practice? en_US
dc.type Conference Paper en
dcterms.accessRights open access
dspace.entity.type Publication en_US
unsw.accessRights.uri https://purl.org/coar/access_right/c_abf2
unsw.description.notePublic Original inactive link: http://www.griffith.edu.au/conference/legal-ethics-2008 en_US
unsw.identifier.doi https://doi.org/10.26190/unsworks/388
unsw.relation.faculty Business
unsw.relation.ispartofconferenceLocation Gold Coast en_US
unsw.relation.ispartofconferenceName The Third International Legal Ethics Conference. en_US
unsw.relation.originalPublicationAffiliation Austin, Janet Elizabeth, Business Law & Taxation, Australian School of Business, UNSW en_US
unsw.relation.school School of Taxation & Business Law *
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