A disciplinary tribunal may make a finding that a legal practitioner deliberately gave false evidence on oath, provided the Briginshaw standard is met and the practitioner is alerted during the hearing to the possibility of such a finding and given an opportunity to address it. The failure of counsel to put the allegation of deliberate dishonesty directly to the witness does not preclude the tribunal from making such a finding where the tribunal itself raised the issue. An appellate court will not disturb credibility findings unless the tribunal failed to use or palpably misused its advantage of seeing and hearing the witnesses.
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