Scammell & Co v Workcover Corporation [2006] SASC 258, a decision of the Full Court of the Supreme Court of South Australia dealing with how the lien survives in cases under the Workers Rehabilitation and Compensation Act 1986 (SA). Is this a record for the smallest amount ever in dispute in a state Court of [...]

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Here it is: APF Properties Pty Ltd v Kestrel Holdings Pty Ltd [2006] FCA 1080, a decision of Heerey J.

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It has to be said that De Sarro’s Case [2006] VCAT 1924 is about as boring as they come, a costs dispute about whether a quote of $400 plus GST was for the whole conveyance or only for preparation of the vendor’s statement. Apart, that is, from the unusual feature that Ms De Sarro apparently [...]

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In Legal Practitioners Complaints Committtee v MMT [2006] WASC 211, the Full Court of the Supreme Court of Western Australia struck a 37 year old solicitor (with a Masters in psychology) off the role of practitioners for stalking his ex-girlfriend, another solicitor. In fact he sent her boss a video of him and the victim [...]

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R v G*rant [2006] VSC 235 A property lawyer who was a partner in a two partner, 3 office firm, became depressed and failed to lodge tax returns for 9 years. When the ATO cracked down on lawyers, he lodged the returns late, and became liable for about $200,000 in tax, interest, and penalties. He [...]

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Police. Magistrate. Appeal judge.

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As reported in the Sunday Age, a Melbourne solicitor successfully sued four policemen who bashed his client and broke her jaw (see the photo in the article, and, to balance the books, see the mobile phone footage of youths bashing police here). According to The Age, the story begins, like this: “two police officers … [...]

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In MK v John Fairfax Publications Pty Ltd [2006] NSWSC 758, the Sydney Morning Herald was ordered to pay $100,000 in damages for defamation to a barrister about whom it published a sneering error-riddled excoriation. Just shows that you should not kick a barrister when he’s down. [Update: in April, the NSW Court of Appeal [...]

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Russell Cocks, a man with a keen interest in legal ethics, and a penchant for cartoon ties, wrote an article in the Law Institute’s Litigation Section Newsletter on costs orders against solicitors in Victoria. It is always difficult to maintain an understanding in this area because the cases seem inconsistent, and are all based on [...]

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Update, 21 April 2008: see the decision on appeal: McNamara Business and Property Law v Kasmeridis [2007] SASC 90. Original post: Kesmeridis v McNamara Business and Property Law [2006] SASC 200 is a decision of a Master of the Supreme Court of South Australia. Decisions in such applications in Victoria are heard by the members [...]

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