The role of the Ethics Committee
- To assist practitioners in the resolution of ethical dilemmas.
- To provide a preventative service to practitioners.
Composition of the Ethics Committee
The Ethics Committee is made up of past and present members of the Law Institute of Victoria Council who serve in a voluntary capacity.
Meeting dates
The Ethics Committee meets once a month to discuss ethical dilemmas raised by practitioners.
2011
- 18 May
- 16 June
- 14 July
- 18 August
- 22 September
- 20 October
- 17 November
- 15 December
Authority of the Ethics Committee
- The Ethics Committee is not a court or tribunal.
- It cannot give legal advice.
- It cannot decide questions of fact.
- The Committee’s decisions may be taken into account in determining whether any professional misconduct was wilful or reckless.
- It can rule on whether, in the Committee’s view, particular conduct is ethical or unethical.
- Ethics Committee rulings are not legally binding.
- Ethics Committee rulings may be taken into consideration in court:
Byrne J, Executive Homes Pty Ltd v First Haven Pty Ltd [1999] VSC 26 (13 July 1999)
“Finally, I make mention of the submission of counsel for Coopers & Lybrand, which I found very troubling. He drew my attention to the rulings of the Ethics Committee of the LIV where the position of a solicitor witness was discussed. The Committee was, generally speaking, against the concurrence of these two functions. I pay great weight to this as the considered view of practitioners of repute and experience. It is true, however, that I must, like them, consider the existence and extent of the present and potential conflict as it arises and affects each case.”
Requesting a ruling
Before you request an Ethics Committee ruling, try the following:
- Speak to your colleagues! Do not underestimate the value of exploring issues, on a no-names basis if necessary, with others in your office.
- Read the Common ethical dilemmas section of this site
- Search past rulings
- Refer to the Ethics resources
- Call the Ethics Advice Line or email your ethical enquiry
If your dilemma remains unresolved and you wish to request guidance from the Ethics Committee:
- Read the Information Sheet on Requesting an Ethics Committee Ruling; and
- Complete and submit the Ethics Committee Ruling Request form.
Contact
Legal Ethics Solicitor
Ph: (03) 9607 9336
Email: ethics@liv.asn.au
Ethics Advice Line
Ph: (03) 9607 9336