The Australian Professional Liability Blog
Stephen Warne on professional negligence, regulation and discipline around the world
Judge Iain Ross, who was the head honcho of VCAT’s Legal Practice List, and the Tribunal’s Vice-President, has been appointed to the Supreme Court, presumably taking up the spot left behind by a good and honourable man and quiet champion of human rights, Justice David Harper, who has been appointed to the Court of Appeal. …
Continue reading “VCAT’s Judge Ross appointed to the Supreme Court”
Update, 25 September 2011: Recent American cases on the permissibility of regretted settlement claims for professional negligence are usefully collected at this post on Professor Alberto Bernabe’s Professional Responsibility Blog. While you’re there, check out the post about the attorney who must show cause why he should not be struck off on account of the …
Continue reading “Advocates’ Immunity for Settlement Advice”
Recently, it has been suggested that misconduct unconnected with legal practice (which the High Court has referred to as ‘personal misconduct’) may constitute professional misconduct at common law: New South Wales Bar Association v Cummins [2001] NSWCA 284; Legal Services Commissioner v RAP [2009] VCAT 1200, the subject of this post. This post considers whether …
Continue reading “Can conduct unconnected with practice constitute misconduct at common law?”
In Legal Services Commissioner v RAP [2009] VCAT 1200, the Bureau failed to establish a charge of professional misconduct at common law against a solicitor in respect of conduct which occurred otherwise than in the course of, and unconnected with, legal practice. (Another charge, not the subject of this post, succeeded.) The allegation was that …
Speaking of the need for speed as Justice Heydon and I were on this blog yesterday, there are two other instances worthy of reporting. First, the High Court has recently considered the need for speed in criminal proceedings, and were not nearly as excited about it as in commercial litigation. This time, they rolled the …
Continue reading “Commissioner’s unexplained delay reduces penalty for serious misconduct”
The Herald Sun has been active recently with front page excoriation of VCAT’s professional regulatory review jurisdiction for letting loose on the public again those they have described in unusually large letters as ‘sex fiends’ and ‘insane killers‘. The two decisions are SL v Medical Practitioners Board of Victoria [2008] VCAT 2077, a decision of …
Continue reading “Sex offence doctor’s VCAT success stayed pending appeal”
Leong v J P Sesto & Co [2009] VCAT 99 is the latest in the on-again off-again saga of whether solicitors engage in trade or commerce, and, whether, if not, it means that VCAT does not have jurisdiction over claims involving them, and if so, which claims. Senior Member Vassie considered the question in the …
Continue reading “Latest on whether solicitors engage in trade or commerce: part I”
In Von S v Dental Practice Board [2008] VCAT 2302, a dentist sought merits review in VCAT of a decision of the Dental Practice Board to suspend his registration for 3 months. He had practised for two and a half months without being registered (a crime punishable by a maximum fine of $11,000), practised without …
Continue reading “Dentist does worse on appeal to VCAT than before the Dental Practice Board”
Update, 8 November 2008: When I wrote this post, the Court of Appeal had authoritatively answered another of the questions posed below, about the penalty privileges, but I had not yet read the case, CT v Medical Practitioners Board [2008] VSCA 157. Now I have, and I have posted here about it. Original post: WPE …
Continue reading “The practising certificate suspension challenge that went wrong”
Issac’s style of legal letter writing is legendary. There are some quite extensive private collections out there. I recall one letter said to have been penned by the man himself which began ‘Dear Sir, you are a petulant lunatic,’ and after some substantive words continued ‘You are a very small cog in a very big …
Continue reading “Issac’s holiday; plea bargaining in disciplinary charges examined”
In Law Institute of Victoria v DSS [2008] VCAT 1179, the Institute sought in a misconduct prosecution an order that the solicitor not be allowed to handle trust monies for 50 years. Vice President Judge Ross described the submission as ‘somewhat excessive’. The solicitor had stolen $75,000 from his clients and out of his trust …
Continue reading “Law Institute seeks 50 year ban for 62 year old solicitor”
The latest application for review of a decision of the Legal Services Board decision not to grant a practising certificate was in the matter of DAP v Law Institute of Victoria [2008] VCAT 688. The 57 year old solicitor and former Melbourne Cricket Club Committee member was a property lawyer at one of Melbourne’s megafirms …
Continue reading “Megafirm partner who stole to make budget gets his ticket back after long holiday”