Exercise 020 | Law

Exercise 020

Professional Misconduct: Datt v. Law Society of New South Wales (1981) 148 CLR 319

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Easy questions

  1. What is the citation for this case?
  2. What type of case was it?
  3. What were the previous proceedings?
  4. What is 'special leave' to appeal?
  5. What facts gave rise to the dispute?
  6. What is it that the applicant is seeking?
  7. Explain the following terms (using your legal dictionary):
    1. otiose
    2. professional misconduct

More difficult questions

  1. What does it mean to say that the matter is 'one of general importance'?
  2. What does it mean to say that the court 'failed to exercise its inherent jurisdiction and merely exercised its appellate jurisdiction'?
  3. What was the argument put by the applicant?
  4. What was the legal question at issue?
  5. What was the finding of the Court of Appeal in relation to this question?
  6. What is the legislation on which this legal question is based?
  7. What aspect of the legislation has resulted in this legal question arising?

Complex questions

  1. What was Gibbs CJ's reasoning in relation to this question?
  2. What was the legislation Gibbs CJ used to support his position?
  3. How did Gibbs CJ apply his approach to the legislation to the appeal and to what decision did he come?
  4. What was Mason J's opinion regarding the argument of Gibbs CJ regarding the decision of Hally v Queensland Law Society?
  5. In what ways did Mason J's approach to the question at issue differ from that of Gibbs CJ?
  6. What were the decisions of the remaining judges?
  7. In what ways did their approach differ despite similarity of outcome?
  8. Why was the applicant granted special leave to appeal?
  9. What was the ratio decidendi?