New South Wales Consolidated Regulations
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LEGAL PROFESSION UNIFORM LAW AUSTRALIAN SOLICITORS' CONDUCT RULES 2015 - REG 22
Communication with opponents
22 Communication with opponents
22.1 A solicitor must not knowingly make a false statement to an opponent in
relation to the case (including its compromise).
22.2 A solicitor must take
all necessary steps to correct any false statement made by the solicitor to an
opponent as soon as possible after the solicitor becomes aware that the
statement was false.
22.3 A solicitor will not have made a false statement to
the opponent simply by failing to correct an error on any matter stated to the
solicitor by the opponent.
22.4 A solicitor must not confer or deal with any
party represented by or to the knowledge of the solicitor indemnified by an
insurer, unless the party and the insurer have signified willingness to that
course.
22.5 A solicitor must not, outside an ex parte application or a
hearing of which an opponent has had proper notice, communicate in the
opponent's absence with the court concerning any matter of substance in
connection with current proceedings unless: 22.5.1 the court has first
communicated with the solicitor in such a way as to require the solicitor to
respond to the court, or
22.5.2 the opponent has consented beforehand to the
solicitor communicating with the court in a specific manner notified to the
opponent by the solicitor.
22.6 A solicitor must promptly tell the opponent
what passes between the solicitor and a court in a communication referred to
in Rule 22.5.
22.7 A solicitor must not raise any matter with a court in
connection with current proceedings on any occasion to which an opponent has
consented under Rule 22.5.2 other than the matters specifically notified by
the solicitor to the opponent when seeking the opponent's consent.
22.8 A
solicitor must take steps to inform the opponent as soon as possible after the
solicitor has reasonable grounds to believe that there will be an application
on behalf of the client to adjourn any hearing, of that fact and the grounds
of the application, and must try, with the opponent's consent, to inform the
court of that application promptly.
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