Clyne v New South Wales Bar Association (1960) 104 CLR 186;  HCA 40 is a unanimous decision of the Dixon Court confirming the striking off of a Sydney barrister, Peter Clyne, for making unfounded and serious allegations on behalf of a husband against the wife’s solicitor in matrimonial litigation for the admitted purpose of […]
Entries Tagged as 'Abuse of process'
Tags: "disgraceful and dishonourable" · Abuse of process · Alleging fraud & misconduct · Discipline · duty to court · Ethics · Evidence · Legal writing · litigation ethics · Misconduct · prosecutors' duties · Striking off
This post is a case note of Justice Goldberg’s famous decision in White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169;  FCA 806 as well as of associated decisions and surrounding controversy. Because it is what I am working on at the moment, it concentrates on that part of the […]
Tags: Abuse of process · Alleging fraud & misconduct · Client Legal Privilege · duties regarding witnesses · duty to court · Ethics · litigation ethics · Professional fees and disbursements · Wasted costs
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 […]
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 […]