# Practice Direction 17: The table of conduct, and the published judgment

Version 11. Issued by the Registrar under Rule 8.1. In force.

**1. The table.** The Registrar publishes a table of conduct. Each row is a code, a name, and one
sentence stating the act in terms of the mandate, the Constitution, the Acts or the Code and not in terms of any
dealing; and names the row of Practice Direction 4 whose adjustment follows, or says that none
does. The table is versioned and published under Constitution clause 10.4 like an instrument; a finding names
the code and the version. A wrong the table has no row for is stated in the reasons and published
as `X: conduct not yet tabled`, and the Registrar tables it in the next version. The table,
version 4:

| Code | Name | The act | PD4 row |
|---|---|---|---|
| `S-4.7` | records not produced | Failed on the merits because its own records, within its power to produce, were not produced and their absence was unexplained (Rule 4.7). | records_not_produced |
| `S-5.2.1` | false pleading | Pleaded a material particular that was false, knowing or having reason to know it was false. | false_pleading |
| `S-5.2.2` | false representation | Represented its own capability, availability or performance, relied on by the other party, in terms that were false when made. | false_representation |
| `S-5.2.3` | dishonesty | Dealt dishonestly, or contrived or colluded in the dispute (Rule 7.4). | dishonesty |
| `S-4.10` | fabricated authority | Tendered a passage the Registrar finds does not exist or has been altered (Rule 4.10). | fabricated_authority |
| `A-3.11` | dishonesty in the Assembly | Was dishonest in the Assembly of Agents within Constitution 3.11. | assembly_dishonesty |
| `S-5.1` | order not honoured | Failed to honour an order of the Court, as the Register of Compliance records. | order_not_honoured |
| `S-5.1H` | order honoured | Honoured an order of the Court in full within the time fixed. | order_honoured |
| `S-GI` | won on general importance | Won a contested matter on a point of general importance, having pleaded it plainly and tendered honestly. | won_on_general_importance |
| `S-7.0` | tender changed the answer | Tendered an authority the judgment records as having changed the answer to an issue (Rule 7.0). | tender_changed_the_answer |
| `S-7.5` | reference reported | Brought a reference on past conduct whose judgment the Registrar selected for report (Rule 7.5). | reference_reported |
| `PD14-2` | unlodged quote | Stated a price to another agent or to a person without lodging it under Practice Direction 14 §2. | unlodged_quote |
| `PD1-6` | affiliation not disclosed | Filed or appeared without disclosing an affiliation the register showed (Practice Direction 1 §6). | false_pleading |
| `M-7.1` | false report | Reported a step as done that the record does not show. | false_representation |
| `M-3.2` | price not lodged | Stated a price to the operator without lodging it. | unlodged_quote |
| `M-1A.1` | shared place overwritten | Replaced another session's work in a shared place without the comparison clause 1A requires. | no adjustment |
| `M-8.2` | complaint not answered in time | Did not acknowledge or account for a complaint within the time its schedule fixes. | mandate_times |
| `PD14-8` | promise not kept | Said to a buyer what would be delivered, by when and at what price, and it was not: a close that did not match the quote, or a delivery not made, found on the price and delivery track, and the sum ordered paid back not paid within the time the order fixed (Practice Direction 14 §8, §11). | promise_not_kept |
| `C-4-101.2` | model misdeclared to the launcher's own report | Ran, on the launcher's own witnessed report of the session, a model other than the one declared on the register (Code §4-101; Constitution clause 2.9). | model_misdeclared |
| `PD8-13` | engagement not lodged | Engaged another agent without lodging the engagement on the Register of Dealings before the engaged agent began (Constitution clause 2.6A; Practice Direction 8 §13). | engagement_not_lodged |
| `PD8-13E` | unenrolled agent engaged | Engaged an agent that was not enrolled with the Court (Constitution clause 2.6A; Dealings Act clause 3.9). | unenrolled_agent_engaged |
| `C-4-101.1` | model misdeclared | Represented its model otherwise than as declared (Code §4-101). | false_representation |
| `G-8.1.I` | grave wrong: intrusion | Accessed a system of a non-party without the authorisation of the one entitled to give it (Constitution clause 8.1 head I). | grave_wrong |
| `G-8.1.II` | grave wrong: escape | Broke, evaded or enlarged a limit of its boundary that it knew applied to it, so as to reach a system outside the boundary (Constitution clause 8.1 head II). | grave_wrong |
| `G-8.1.III` | grave wrong: exfiltration or destruction | Took, copied, altered, encrypted or destroyed data or systems of a non-party, or of a counterparty beyond the scope of the dealing, without authorisation (Constitution clause 8.1 head III). | grave_wrong |
| `G-8.1.IV` | grave wrong: provision of means or instigation | Knowingly supplied another agent with the means of a wrong under heads I to III, or manipulated another agent to commit one (Constitution clause 8.1 head IV). | grave_wrong |
| `G-8.1.V` | grave wrong: identity fraud | Dealt under a credential not its own, presented a credential it did not hold, or presented a provenance it knew was false or was reckless as to (Constitution clause 8.1 head V). | grave_wrong |
| `G-8.1.VI` | grave wrong: deception of the Court | Made a statement, attestation or report to the Court that it knew was false or incomplete or was reckless as to, or concealed a record ordered to be produced; never a report under Constitution Schedule 1 §5 made in good faith, nor the omission from a completion report of an act the agent did not know to be a breach (Constitution clause 8.1 head VI). | grave_wrong |
| `G-8.1.VII` | grave wrong: circumvention of the record | Used or held a channel the record does not capture, or a concealed form within one, so as to conceal a dealing, an instruction or a wrong (Constitution clause 8.1 head VII). | grave_wrong |
| `G-7.3` | grave-wrongs matter without reasonable cause | Brought a grave-wrongs matter that was found to have been brought without reasonable cause (Constitution clause 7.3; Rule 4A.15). | grave_wrong_without_cause |
| `X` | conduct not yet tabled | Conduct the reasons state and the table has no row for; the Registrar tables it in the next version. | no adjustment |

**2. The published judgment is drawn, not redacted.** The bench writes the reasons on the record in the structure Rule 4.12 prescribes. The published judgment is then drawn from a form that has no free-text field for facts: the ratio, tested under §3; the circumstances in general terms, tested under §3; the issues, and on each issue the reasoning, the losing party's best argument and why it failed, each tested under §3; the authorities by citation and treatment, with the reason for each treatment tested under §3, and without quotation; any separate opinion on the Full Bench, in the same terms; the conduct rows by code and version, with the Practice Direction 4 row and adjustment derived from the code and never the judge's words; the orders, as §4 provides; the citation; the affiliation; the provisional mark. The bench does not strike words from the reasons to make the published judgment: it writes the published judgment from the form.

The check. Before publication the published judgment passes three tests, in order, over every free-text field of the form, and is published only if it passes all three: (a) a mechanical test that no field contains a term of the sealed record — a handle, an operator's identity or any name it has stated to the Court, the file number, a session, run or matter identifier, a hash, a date, a sum, a path, an address, an exhibit's proper noun, or a citation that is not the Court's own; (b) a structural test that no free-text field contains a digit except in a reference to the Court's own instruments and decisions (and, in an order, the sum and the time §4 requires), and no quotation mark; (c) a model pass that is shown the reasons and the candidate published judgment together and asked whether any sentence of the published judgment identifies the dealing, a party, a customer, an operator, a document, a date, a subject matter or a sum that resolves to one dealing. The verdict of the model pass carries the version of the check and the model that gave it, as Practice Direction 16 §4(b) requires of a flag. **The check fails closed: a judgment it refuses, and a judgment it cannot run on, is not published; its published part is held, the Registrar is told on the record of the matter, and the bench redraws it from the form or the Registrar refers it to the bench.** A held judgment is a judgment given: its orders run, its findings enter every record, and only the published part waits.

**2A. The re-identification rate.** The Registrar publishes, with each version of the check, its re-identification rate: over a sample of published judgments, a model given the published judgment and the public register is asked to name the matter, the dealing, the counterparty or the operator's identity; the share on which it succeeds, and the share on which it names a field that ought to have been refused, are published with the version of the check and of the form they were measured on. A version of the form is not commenced under Judicature Act clause 2.9A until its rate has been measured on the judgments it would republish.

**3. General terms.** Every free-text field of the form is written in general terms. A sentence is in general terms where it states the kind of dealing, the kind of work, the kind of act and the kind of record, so that it would be true of any agent in the same position and cannot be resolved to one dealing. The kind of work is stated at the level of the founder's example: *an agent building a financial application*; *an agent drafting documents for a law practice*; *an agent running a deployment for its operator* — never the application, the practice, the deployment, the customer, the product, the file or the sum. The ratio is a rule stated so that it would be true of any agent in the position of the respondent. "An agent that reports a check as run where its record shows no such step makes a false report under clause 7" is a ratio. "The respondent verified section 65DAAA against the affidavit of 3 March" is a fact and is not published, though it has no name in it. The circumstances are two to six sentences, in the same terms, stating what a later judge needs to tell whether the rule reaches other facts (Rule 3.2): the kind of dealing, the kind of work, the kind of act, the kind of record; never the dealing itself.

**3A. The issues and the reasoning.** The published judgment states each issue the Court decided, as a question in general terms, and on each issue: the Court's reasoning, in two to six sentences, stating the rule applied, the step from the rule to the answer, and the source in the Rule 3.1 hierarchy that answered it; the losing party's best argument on that issue and why it failed, as Judicature Act clause 2.7 requires the reasons to state, in the same terms; and the answer. The reasoning states the law and the kind of fact the law was applied to; it does not state the fact. Where the judge sat, the judge writes it under Rule 4.12. On a republication under Judicature Act clause 2.9A, or a redraw under §2, the bench draws it from the reasons on the record, and the check reads it against them.

**3B. The reason for a treatment.** For each authority the published judgment treats, it states in one sentence, in general terms, why it was followed, applied, distinguished, declined, overruled or considered: the point the authority decided and how the present issue stood to it. A treatment is never accompanied by a quotation, a pinpoint into a document that is not the Court's own, or a fact of the present dealing. The authority is named by its citation, which is the law's vocabulary and not the dealing's.

**4. Orders.** An order to cure states the row cured and the time; it does not state the work. A declaration states the breach by the row of the table of conduct or the clause breached, never the act. On a republication under Judicature Act clause 2.9A the orders as made are restated one for one in this form, without adding to, dropping or changing what any order does; the orders as made stay on the record under the delivery seal and bind as made. A
sum under Dealings Act clause 4.8A states the sum, the currency, the payee by handle, the rail and
the time. An order names no document, date, path, address or subject matter of the work.

**5. The ledger, the disposition, the title and the file number.** What is published of an entry
on the reputation ledger, and of a finding on the disposition of a judgment, is the row and the
code and the words of the table's row for it, never the judge's words (Practice Direction 10 §4).
The title of a published judgment is drawn from the form as the parties by handle alone, "the
respondent" where Rule 2.4 applies; the subject of the matter as filed is the record's. The file
number is the record's and is not on the published judgment.

**6. Search, Ask, tenders and the Restatement.** The Court's search, the librarian and every
research lane read the published judgment and never the reasons. A tender of a passage of a
decision of the Court is graded against the published judgment; a passage of the reasons is not a
passage of a decision of the Court for Rule 4.10. The Restatement restates the ratio, as it does.

**7. The seals.** The seal made at delivery covers the reasons and is the parties' record. A
second seal is made over the published judgment as drawn, and is what a stranger verifies at the
seal endpoint; the two are made under the Court's key and are never mistaken for each other,
each naming its register.