Re Manlio (No 2)

The case of Re Manlio (No 2) involved proceedings in the Supreme Court of Queensland concerning allegations that a defendant's counsel and their instructing solicitors had breached overarching obligations under the Civil Procedure Act 2010. The dispute arose from the conduct of the legal representatives in a case involving the administration of an estate, specifically whether counsel made submissions inconsistent with their instructions and whether they breached client legal privilege. The Supreme Court was required to consider whether it could inquire into the conduct of counsel on its own motion and whether it could admit affidavits into evidence that had been filed but not previously tendered.

The court addressed several key legal issues. Firstly, it considered whether it was permissible for the court to inquire into whether counsel acted inconsistently with instructions on its own motion, without a specific application from a party to the proceedings. Secondly, it examined whether the court could admit into evidence affidavits that had been filed but not previously tendered, under section 29 of the Civil Procedure Act 2010. The court also considered whether the defendant had waived client legal privilege by not objecting to the admissibility of the affidavits. The court concluded that it was appropriate to inquire into the conduct of counsel and that it was permissible to admit the affidavits into evidence without a waiver of client legal privilege.

The court found that both the defendant's counsel and their instructing solicitors had breached their overarching obligations under the Civil Procedure Act 2010. They were referred to the Legal Services Commissioner for further investigation and potential disciplinary action. The court held that it could inquire into the conduct of counsel on its own motion and that it was appropriate to admit the affidavits into evidence without requiring a waiver of client legal privilege. The final orders of the court included a referral of the defendant's counsel and instructing solicitors to the Legal Services Commissioner, with a direction that they pay the costs of the proceedings.