I have posted before about the Darwin solicitor whose disciplinary complaint against a fellow practitioner resulted in her being fined $19,500 for making that complaint without a proper factual foundation. I have just come across another case in which a female solicitor was disciplined for her intemperate allegations against another lawyer, despite having had an [...]
Entries Tagged as 'Abuse of process'
Federal Court sets aside bankruptcy notice used for debt collection against solvent individuals as abuse of process
Without first formally demanding payment of a debt, creditors served a bankruptcy notice. The debtors were insolvency practitioners and there was no suggestion that they were insolvent. Federal Magistrate Raphael set aside the notice on the basis it was an abuse of process, issued with a purpose not of making the respondents bankrupt but of [...]
Fraudster’s negligence claim against appeal counsel permanently stayed as collateral attack abuse of process
Update, 16 August 2010: Justice Emerton’s decision dismissing the appeal is at  VSC 351. Original post: In Walsh v Croucher  VSC 296, a convicted fraudster who was, at least in about the year 2000, a bald-faced, opportunistic, calculating and manipulative liar (see R v Walsh  VSCA 98 and R v Walsh  [...]
Update, 1 February 2012: Glen Wright of Tas Legal brought to my attention the case of Gavin Boyle Constructions Pty Ltd v Fabrok Pty Ltd  QDC 214 in which the judge set aside a regularly entered default judgment, but declined to award costs in favour of the plaintiff because it knew, pre-commencement of the [...]
Stays scare me. I suspect they attract obscure law that my opponents know but I don’t. Why does the law need the permanent stay? How is it different from a judgment? When is a stay a permanent stay, and when not? A solicitor friend who is one of the most experienced professional negligence lawyers in [...]
Coke-Wallis v Institute of Chartered Accountants In England and Wales  EWCA Civ 730 considered the application of principles of res judicata and autrefois acquit (the criminal version of the same principle, an aspect of double jeopardy) to disciplinary ‘prosecutions’. It did so in the context of the disciplining of accountants. The relevant scheme made [...]
An article by Peter Munro in The Age provides a surprisingly sophisticated analysis of the ‘problem’ of vexatious litigants. The unrepresented obsessed do pose problems for the administration of justice. Consider the web of litigation sketched out in Mentyn v Law Society of Tasmania  TASSC 24.
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 fact [...]
In Chen v Chan  VSCA 2, President Maxwell and Justice of Appeal Redlich dismissed an application by the appellant for an order enjoining the respondent’s solicitor and counsel from acting in the appeal. The applicant alleged that there had been wrongdoing by the respondent’s lawyers at the trial. In fact that was one of [...]
It took an awfully long time — almost 15,000 words — for Justice Hansen to state the bleeding obvious in Attorney-General for the State of Victoria v Shaw  VSC 1148, but in the circumstances, I well understand why his Honour desired to appeal-proof his judgment. Mr Shaw, who as a newly annointed vexatious litigant, [...]