125

#### 125 125 Unless the context requires otherwise, the following expressions are defined as follows when used in these Rules: | allege | includes conduct constituted by settling or opening on pleadings, affidavits or witness statements, and reading or tendering affidavits or witness statements filed or prepared for the client (whether or not they were drawn or settled by the barrister). | | associate | means a corporation, partnership or trust in which the barrister has a material beneficial interest or a member of the barrister’s immediate family. | | barristers’ work | means work permitted by rule 11. | | bullying | means unreasonable behaviour that could reasonably be expected to intimidate, degrade, humiliate, isolate, alienate or cause serious offence to a person. | | case | means the litigation or proceedings in which the barrister in question is briefed to appear, or the dispute in which the barrister is advising, as the case may be. | | client | means the client of the barrister in question, and for the purposes of rules 71, 79 and 81 includes those officers, servants or agents of a client which is not a natural person who are responsible for or involved in giving instructions on behalf of the client. | | court | means any body described as such and all other judicial tribunals, and all statutory tribunals and all investigations and inquiries (established by statute or by a Parliament), Royal Commissions [the Criminal Justice Commission/ICAC or equivalent], arbitrations and mediations. | | criminal proceedings | includes disciplinary proceedings, in which context other expressions appropriate to criminal proceedings include corresponding meanings appropriate to disciplinary proceedings and in particular “a serious criminal offence” includes a disciplinary shortcoming which, if proved, involves the serious possibility of suspension or deregistration (or the equivalent). | | current proceedings | means proceedings which have not been determined, including proceedings in which there is still a real possibility of an appeal or other challenge to a decision being filed, heard or decided. | | devilling | the activity of undertaking chamber work in connection with briefs held by another barrister. | | discrimination | means discrimination as defined under the applicable state, territory or federal anti-discrimination or human rights legislation and includes all forms of unlawful discrimination. | | ex parte application | means an application heard in the absence of a party. | | fee | includes any payment for the reimbursement of expenses. | | genuine educational or academic discussion | means oral or written communications including the publication of notes and articles with members of the legal profession, other profession or group or members thereof which are in good faith for an educational or academic purpose. | | instructing solicitor | means the solicitor from whom the barrister in question has accepted a brief or who is instructing that barrister in that brief, as the case may be, but does not include a solicitor appearing with the barrister as a joint advocate; and includes a patent attorney. | | investigative tribunal | means a body such as the Criminal Justice Commission, the Australian Crime Commission, the Australian Securities and Investments Commission, the ACCC, a Royal Commission or Special Commission of Inquiry or other statutory tribunal or body having investigative powers. | | legal advice | includes assistance at or presiding over meetings. | | legislation | includes delegated legislation. | | opponent | means the legal practitioner appearing for the party opposed to the client, or the party opposed to the client if that party is unrepresented, and any other legal practitioner appearing for another party in the matter or any other party if that party is unrepresented. | | order | includes a judgement, decision or determination. | | potential proceeding | means proceedings which have not been commenced but where there is information which has been publicised that such process is imminent or where there is a very real likelihood that process will be instigated. | | proceedings | includes any inquiry, investigation or hearing by or before an investigative tribunal. | | process of court | means any originating process, pleading, affidavit or notice filed in court and any document issued by the court but does not include submissions or lists of authorities. | | prosecutor | means a barrister who appears for the complainant or Crown in criminal proceedings. | | reader | means a barrister undertaking a reading program. | | Senior Counsel | means Queen’s Counsel and Senior Counsel appointed as such in accordance with the protocol for the appointment of Queen’s Counsel or Senior Counsel duly adopted in each jurisdiction. | | sexual harassment | means sexual harassment as defined under the applicable state, territory or federal anti-discrimination or human rights legislation. | **rule 125:** Am 2022 (76), cl 4(2).