It is well established in VCAT that when doctors and lawyers engage in professional activities in the course of their retainers, e.g. by giving advice, interviewing witnesses, and representing clients, they do not engage in trade or commerce: see for example Stagliano v Duke [2007] VCAT 1070, which I posted about here. Most Fair [...]

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In Legal Services Commissioner v RMB [2008] VCAT 170, the Bureau de Spank prosecuted a Fitzroy sole practitioner who had studiously ignored a complaint for nearly 11 months. The solicitor finished up paying just $2,500 including costs. Again, the Commissioner is to be commended for keeping costs low ($1,500) by sending along one of [...]

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To what extent can you defend a suit by your solicitor for fees and then turn around after settlement, or after the trial of that suit, and sue for negligence? The leading Victorian case on the question is Delahunty v Howell, unreported, Supreme Court of Victoria, Gray J, 12 May 1993 (BC9300688). It was [...]

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I was drinking beer at The Peacock the other afternoon, and a VCAT member was muttering about the Supreme Court overturning VCAT decisions on the basis that applications for adjournment were not granted when they could have been cured by an order for costs. The suggestion was that the Court may have overlooked the [...]

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Update, 7 June 2008: The Age's weekend magazine had a front cover profile of Dave Hughes, and the same day the June Australian Financial Review Magazine had a front cover profile of Tom Hughes. Diverse and powerful as Tom's family is, I do not think it counts Dave as a member. This is the most [...]

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The Ohio State Medical Association's Frivolous Lawsuit Committee defended 3 frivolous medical negligence suits against members and funded counterclaims by the defendant doctors against the plaintiff's solicitors for bringing hopeless claims. The doctors succeeded.

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Schadenfreude being a German word, I suppose this must be an example of überschadenfreude. To watch this man digging his own grave made my guts clench up with distress. An advocate turns up more than an hour late to run a criminal trial in a Las Vegas court for a man facing a life sentence. [...]

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Update, 24 June 2008: the Herald Sun today revealed the doctor's attempt to sell his Toorak home until the sale was restrained by police, and that Slater & Gordon are suing the Medical Board for damages on behalf of the doctor's victims.  Should be interesting.  People will be suing the Law Institute next for not [...]

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Praag v W & T Lawyers [2008] VCAT 307 was a rare thing: a case in VCAT's Legal Practice List actually prosecuted pursuant to the Legal Profession Act, 2004. Mr Praag was his late mother's executor. Before her death, she lived in Canberra. Her assets were a house in Canberra and [...]

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Justice Young, the editor of the Australian Law Journal, has gone public with his frustration at litigants constantly ringing his associate to dob in the other side for missing deadlines. Here's The Australian's article. He reiterates the unambiguity of the rule against unilateral communications. Generally, one never corresponds with a judge in relation [...]

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