Thanks for posting this link on 17 April re the Centro case...

Thanks for posting this link on 17 April re the Centro case selciper.

http://www.smh.com.au/business/pwc-lawyers-fear-conflict-of-interest-in-centro-case-20120417-1x4n0.html

E.g. "Mr McHugh said what was unsatisfactory to members of the PwC legal team was while there was a specific threat of costs hanging over their heads, they may be left in a conflict of interest between their own concerns and those of their client, PwC."

There always is a specific threat hanging over lawyers. Gordon J just reminded Mr McHugh.It's good to see Gordon J taking responsibility for how juctice and equity are dispensed by her court under her watch.

Perhaps Gordon J has been reading some Milsom. (http://www.squire.law.cam.ac.uk/eminent_scholars/professor_toby_milsom.php)

Re Milsom from http://vi.uh.edu/pages/bob/elhone/elh1a.html

"The real initiators of legal change are not legislators (whether members of Parliament, Chancellors, or justices of the king's court), but everyday lawyers. Such lawyers are unconcerned with the ideal structure of the law and conceptual problems; their concerns are rather the success of their client. They are thus willing to circumvent obstacles erected by formal law. If they are successful in such a circumvention and others follow, the law has in fact been changed, but not from abstract concerns and not with any attention paid to the larger issues. Legal change issuing from lawyers' attempts to succeed for their clients is myopic and will distort legal conceptual structures without concern for those concepts or for the overall effect on society."