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Uniform Rules

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Has Ben acted ethically? Is he entitled to discuss the case with the investigator?

Is he entitled to discuss the case with the investigator?

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Under 31.1.1: Ben has appropriately destroyed the documents without making copies as soon as he became aware of its disclosures and
Under 31.1.2: Ben notified Charles that the document was sent to him inadvertently and that he was going to destroy document as prevention of inappropriate misuse. However, he doesn't disclose the fact that he has read the report on investigation and intends to meet with the investigator who made the report. The report had prompted him to seek these findings.

By meeting with the investigation Ben would be inappropriately misusing the material he has discovered by Charles' inadvertent disclosure.

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Rule 30 Another solicitor’s or other person’s error

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Actively taking advantage of mistakes – can amount to misconduct discipline:
Chamberlain v Law Society of ACT (1993) 43 FCR 148
- Can be removed from case – not in client’s best interest
-Officer of the court – waste court’s time, etc