In Byrne v Marles [2008] VSCA 78, the subject of this earlier post, another issue arose. Justice Nettle confirmed that a complaint made to anyone other than the Commissioner is invalid as a trigger for the operation of the Legal Profession Act, 2004, but that if it finds its way to the Commissioner otherwise [...]

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In Walsh v PJCC&A Pty [2008] VCAT 962, beneficiaries of an estate were critical of the testator's lawyers before death. They became his executors after his death, and appointed the firm they worked for as their solicitors. The beneficiaries sued the firm, and its solicitor-executors for unconscionable conduct and misleading or deceptive conduct. [...]

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I only just caught up with the fact that the Court of Appeal has overturned Justice Gillard's decision in Kabourakis v Medical Board of Victoria [2005] VSC 493, the subject of an earlier post. See [2006] VSC 301.
VCAT's Vice President Harbison, sitting in the Legal Practice List for the first time I am aware [...]

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A 44 year old clairvoyant was today convicted of the 2006 murder of David Robinson, a Fairfield solicitor.

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I have always been a bit chary about allowing lawyers for whom I act to communicate directly with complainants, thinking it often more desirable for communications to be principally with the Legal Services Commissioner once the complaint process was initiated. Turns out it was a rare moment of over-anxiety on my part. In [...]

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Update, 13 June 2008: In Legal Services Commissioner v GT [2008] VCAT 982, the solicitor failed to respond to a Bureau demand for 8 months. The complaint about which the Commissioner sought information was of not attending to client affairs, just like the complaint which, amongst others, gave rise to two misconduct findings and two [...]

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Slobodan Catovic did not want to pay his solicitor's bill. He misconceivedly invoked the Legal Profession Act, 2004 provision which allows clients to apply to set aside costs agreements, but that is not what he wanted to do. Senior Member Howell satisfied himself that Mr Catovic had intended to bring an application under [...]

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This post is like a case book(let) rather than a text. It sets out the raw materials which bear upon the question of who as between solicitor and client owns (in the sense of is entitled to the original of) what documents typically found in a solicitor's file. It is very long, and largely unsummarised: [...]

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This post is a companion to this longer companion post which discusses the other cases on the question of who, as between solicitor and client, is entitled to documents relating to their matter found on solicitors' files and in their accounts. As the decision with the most detailed consideration of the question, it gets [...]

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Update, 17 June 2008: The Age has caught up with this story. It's a funny old article. Weirdest is this comment 'A prominent senior counsel said the system was unfair, and any complaint should be forwarded immediately to the subject of the complaint.' In my experience, the Commissioner does almost invariably send [...]

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