The 'Harman Obligation'
This session clarifies some commonly overlooked and misunderstood issues relating to the scope and operation of this important principle that can, if breached, lead to a contempt of court or a complaint to the Law Society.
The ‘Harman obligation’ is the common law doctrine established in Harman v Secretary of State for Home Department [1983] 1 AC 280. Breaching it can be a contempt of court. This means care must be taken to (i) identify when the obligation applies and what information it applies to and (ii) comply with the obligation when it applies. This can involve interpreting statutory provisions that require or authorise the use of certain information. The Harman obligation can have significant implications for the conduct of litigation by both government and private litigants, as well as for regulators and law enforcement agencies in carrying out their statutory functions.
ANDREW BERGER KC
KEY CHAMBERS
Andrew was called to the private bar in 2022. Before this, he worked as a solicitor and an in-house counsel in the dispute resolution group of the Australian Government Solicitor for over 20 years. Andrew has very broad legal experience and has achieved expertise across a number of areas of law, including appeals, public law, statutory interpretation, family law, inquests and inquiries, equity and trusts, wills and estates, tort law, professional discipline and contract and commercial law. He enjoys helping his clients find practical and efficient solutions to their legal problems. Andrew is a keen golfer and thrives on the mental challenge of both golf and the law!
DETAILS
- This is an on-demand webinar you can watch at anytime - a link and password will be sent to you when you register.
- Cost: Members - $50, Non-members $70
- CPD: Members will receive 1 point in Core Area 1
- This event was recorded as part of the Fundamentals Series on 24 September
- This recording will expire on 31 December 2024.
Event registration terms and conditions
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General
ACT Law Society invoices have payment terms of 14 days. Fees are payable upon registration. A 1.2% surcharge may be incurred on payments processed via credit/debit card. The Society reserves the right to cancel or alter events at its discretion, and in such circumstances, attendees will be notified via email.
Definitions — 'Registration' means any booking given to the Society in writing, on our website, or by phone. 'Member' means any member of the ACT Law Society, including associate members and honorary members. 'New Lawyer' means any member who has held a practising certificate for five years or less. 'CLC' means any member working for a recognised community legal centre, or holding a volunteer practising certificate. 'Student' means any member holding a student membership.
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Cancellation policy
All cancellations must be made in writing, and all cancellations will incur a fee, however, no charge will be incurred for substituting another person. Outside of the cancellation periods given below, a $10 administration fee will be incurred for any cancellation made. If a registered attendee fails to attend without notifying the Society in writing, no credit or refund will be offered and 100% of the total cost will be retained by the Society.
CPD Events — In the case of CPD events held at an venue other than the Law Society, no refund can be made after the RSVP date of the event. In the case of CPD events held at the Law Society, for cancellations made up to two working days prior to the event, 50% of the total cost will be retained by the Society as a cancellation fee and the balance may be used as a credit towards other CPD events or be refunded. If you choose to keep a credit it will remain valid for 12 months from the event date, after which time it will expire. For cancellations within two working days of the event, no refunds or credits will be applicable.
Webinars — In the case of live or on-demand webinars, as connection details are sent when registration is completed, no refund or cancellation is available.
Social events — In the case of social events, no refund can be made after the RSVP date of the event.
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Notice of Filming and Photography
Attendees of events consent to filming, photography and sound recording as members of the audience. By registering and attending this event you agree to being filmed or photographed which may be used for marketing or promotional purposes
Registration
| Member | $25.00(GST incl.) | Register |
| Non-Member | $70.00(GST incl.) | Register |
