The duty in context
Full disclosure on ex parte applications court
On an ex parte or without-notice application the lawyer must disclose all known, non-privileged factual and legal matters that could be argued against granting the relief sought.
How the codes express this duty
E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook no clear equivalent
Cayman Islands Legal Services Code 2026 no clear equivalent
AU Solicitors Solicitors' Conduct Rules Rule 19.4 strong 7 cases
A solicitor seeking any interlocutory relief in an ex parte application must disclose to the court all factual or legal matters which: 19.4.1 are within the solicitor's knowledge; 19.4.2 are not protected by legal professional privilege; and 19.4.3 the solicitor has reasonable grounds to believe would support an argument against granting the relief or limiting its terms adversely to the client.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr29-30 strong 2 cases
A barrister seeking any interlocutory relief in an ex parte application must disclose to the court all factual or legal matters which: (a) are within the barrister's knowledge; (b) are not protected by legal professional privilege; and (c) the barrister has reasonable grounds to believe would support an argument against granting the relief or limiting its terms adversely to the client.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch5 — Ex parte applications strong 5 cases
In ex parte court applications, the solicitor has a particular duty to act in good faith and to present the court with all relevant information and/or correspondence and make full disclosure in respect of the application before the court.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct no clear equivalent
JM Attorneys Canons of Professional Ethics no clear equivalent
JE Lawyers Law Society of Jersey Code no clear equivalent
ON Lawyers LSO Rules of Prof. Conduct r 5.1-1 commentary [6] strong
When opposing interests are not represented, for example, in without notice or uncontested matters or in other situations in which the full proof and argument inherent in the adversarial system cannot be achieved, the lawyer must take particular care to be accurate, candid and comprehensive in presenting the client's case so as to ensure that the tribunal is not misled.
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 5.1-1, commentary [6] partial 3 cases
When opposing interests are not represented, for example, in without notice or uncontested matters or in other situations in which the full proof and argument inherent in the adversarial system cannot be achieved, the lawyer must take particular care to be accurate, candid and comprehensive in presenting the client's case so as to ensure that the tribunal is not misled.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 13.2.2 partial
A lawyer must not discuss any case or matter before the court with any judicial officer ... outside of the rules of procedure that permit matters to be raised in the absence of the other party (such as in cases of urgency or where an ex parte application is justified). In cases of doubt, the lawyers for other parties ... should be informed of any matters being brought before the court.
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 r 9 (Conduct of proceedings) partial 2 cases
9 Conduct of proceedings
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 10.04 Commentary 1 strong
A party seeking relief ex-parte must make full and frank disclosure to the court of all material matters within his knowledge. Failure to do so may result in the discharge of any order obtained with consequent loss to a client.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct no clear equivalent
Cases dealing with this duty
35 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern
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Christopher Yiannakas; Nicholas George Kephalas; YVA Solicitors LLP
Code of Conduct for Firms 2019, Solicitors Accounts Rules 2019, SRA Principles 2019
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Rowntree, Bruce Elliott
The findings in Commission of Taxation v Rowntree [2020] FCA 1322, and the orders made in Commission of Taxation v Rowntree (No 3) [2021] FCA 306; The failure to disclose those proceedings in practising certificate appl…
Refusal of grant of practising certificate $0.00 Disciplinary Action View decision -
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Joanna Mun-Ling Lee
Rule 3-7.1 Consent Agreement
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John Anthony Thompson
Guilty of Professional Misconduct | Disciplinary Committee decision delivered May 17, 2023. || Reprimanded, Reimbursement ordered, Fined | Disciplinary Committee decision delivered October 30, 2023. View PDF DECISION OF…
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Arlean D. Moreta Beckford
Struck off, Restitution Ordered | Disciplinary Committee decision delivered January 26, 2021. || Guilty of Professional Misconduct | Disciplinary Committee decision delivered January 13, 2021. View PDF DECISION ON SANCT…
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Audley Earl Melhado
Struck off, Restitution ordered | Disciplinary Committee decision delivered January 25, 2020. || Formal Order Full Screen Views View PDF of Decision View PDF of Formal Order DECISION OF THE DISCIPLINARY COMMITTEE OF THE…
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Yakenian, Dickran
1. Applied for default judgment knowing the defendants intended to file defences and without notice to the defendants and contrary to the duty to the administration of justice 2. Misled the defendants into believing the…
Costs Fine Practitioner to undertake and complete further legal education Reprimand $7,500.00 Proceedings Instituted 1 PDF View decision -
Nagle, Peter Richard
1. Borrowed money from his client - breach r 47 of the of NSW Barristers’ Rules 2014 2. Failed to disclose to his client all matters required to be disclosed in the case of a direct access retainer between a barrister a…
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Winter, Ronald William
1. Pursuing recovery of Court ordered costs on behalf of a company, and representing to the self represented opponent that he was purporting to act as solicitor for the company, at a time and in circumstances where he b…
Costs Fine Practitioner to undertake and complete further legal education Reprimand $10,000.00 Proceedings Instituted 2 PDFs View decision -
Daniel Kar-Yan Kwong
Agreed Statement of Facts | Summary
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Warren Lance ROSEN
Guilty of professional misconduct on 1 charge.
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David Walsh
In the matter of David Walsh, solicitor, formerly practising as David Walsh & Co, Solicitors, at 12 Mount Street, Mullingar, Co Westmeath, and in the matter of the Solicitors Acts 1954-2011 [4550/DT134/12 and High Court…
no_order View decision -
Hubert James
Breaches, Failures, Others
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GEOFFREY PAUL DUTTON
Professional Misconduct
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David Walsh
In the matter of David Walsh, solicitor, formerly practising as David Walsh & Co, Solicitors, at 12 Mount Street, Mullingar, Co Westmeath, and in the matter of the Solicitors Acts 1954-2011 [4550/DT41/10 and 2014 no 37 …
strike_off View decision -
Patrick Aidan Crowley
In the matter of Patrick Aidan Crowley, a solicitor previously practising as a partner in the firm of Egan Daughter & Company, Solicitors, Church Street, Castlebar, Co Mayo, and in the matter of the Solicitors Acts 1954…
other View decision -
Katherine Anne Edwards
Breaches, Failures, Others
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Pamela Wall
In the matter of Pamela Wall, solicitor, formerly of 8 Carmody Street, Ennis, Co Clare, and in the matter of the Solicitors Acts 1954-2008 [6728/DT88/11 and 2012 no 75 SA] Law Society of Ireland (applicant) Pamela Wall …
suspension View decision -
Asif Akbar Swati
Breaches, Failures, Solicitors' Accounts Rules
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Charles O'Neill
In the matter of Charles O’Neill, a solicitor formerly practising as Cathal O’Neill & Company, Solicitors, 10 Church Avenue, Rathmines, Dublin 6, and in the matter of the Solicitors Acts 1954-2008 [2707/DT81/09 and High…
strike_off View decision -
Howard A. Lettman
Fined | Disciplinary Committee decision delivered February 12, 2011. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT NO. 57 of 2009 IN THE MATTER OF RODERICK MORRISON v…
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Howard A. Lettman
Fined | Disciplinary Committee decision delivered February 12, 2011. View PDF FORMAL ORDER OF THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL MADE ON COMPLAINT NO. 31 of 2009 IN THE MATTER OF BENJAMIN LEWIS vs H…
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James Alun James & Jonathan Ure
Breaches, Failures
Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.