Stephen Warne on professional negligence, regulation and discipline around the world

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Supreme Court overturns 2008’s biggest discipline decision

August 26th, 2010 · No Comments

Update, 31 January 2012:  See now Council of the NSW Law Society v Simpson [2011] NSWADT 242 re the meaning of ‘misappropriation’.  It was on this point that Justice Bell in Brereton overturned VCAT’s decision: they had not recorded making a finding of dishonest intention.

Original post: Justice Bell yesterday allowed an appeal by Michael Brereton from the decision I wrote about here: see Brereton v Legal Services Commissioner [2010] VSC 378.  The matter is to be re-heard by the same tribunal.  Mr Brereton is making quite a comeback: see this article in The Australian.  Some entertainment for readers of this blog should follow if he makes good his stated intention to sue the Legal Services Commissioner and the Law Institute.

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Tags: "question of law" · appeals · Discipline · Trust money