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Leighton, Charles
From: Leighton, Charles Sent: Today’s date 17:26 PM To: Paralegal Secretary Subject: Position of Compliance Officer – Case Study
Good morning
Can you prepare a case study document for the following matter. This will be circulated throughout the firm to remind professional and administrative staff about the importance of compliance and the serious nature of penalties if a breach occurs.
Director of Public Prosecutions v Kane and Ors Matter No 11386/97 [1997] NSWSC 390 (10 September 1997)
Go to www.austlii.edu.au to locate the case.
Following are my suggestions to properly analyse this case.
1. Initially, read through the case without taking notes. Obtain an overall impression of the facts and the arguments contained in the case.
2. During your second reading of the case, make notes about the following (this will assist you to complete the Case Study):
a) What was the solicitor’s version of events?
b) What was the paralegal’s version of events?
c) What was the breach of confidentiality?
d) Why did the judge have to satisfy himself that the breach of confidentiality was
inadvertent by both the solicitor and the paralegal?
e) If the whole problem was a ‘slip of the fax’, why do think this case went to Court?
f) Consider the general principles about inadvertent disclosure of confidential material
that can be learnt from this case.
