A solicitor who swears an affidavit recklessly, careless whether it be true or false — in the sense of indifference to the truth rather than mere carelessness — will ordinarily be guilty of professional misconduct. Professional misconduct is not confined to knowingly misleading the court; grossly careless misleading statements on matters of importance may constitute a substantial failure to maintain a reasonable standard of competence and diligence under s 403(1)(a) of the Legal Profession Act 2008 (WA). The beneficial ownership of funds withdrawn from a joint bank account and placed in an account in one party's name is determined by the intention of the parties at the time of withdrawal.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
6 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.