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

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Entries Tagged as 'Admission'

Burden of proof in actions to cancel a practising certificate or strike a lawyer off the roll of practitioners

July 21st, 2008 · No Comments

In Stanoevski v Council of the Law Society of NSW [2008] NSWCA 93, Justice of Appeal Campbell, with whom Justice of Appeal Hodgson and Acting Justice of Appeal Handley agreed, has provided important guidance on who bears which burdens of proof in cases where a legal regulator seeks to cancel a practising certificate or have [...]

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Tags: Admission · Striking off

Lawyer to gangland figures not guilty of alleged crimes

June 12th, 2008 · No Comments

The Crown entered a nolle prosequi on Tuesday on the charges of giving false evidence against Melbourne's best known female criminal lawyer, Z G-W. In other words, they dropped the charges before trial for want of a reasonable prospect of conviction. The key witness was unable to remember crucial evidence which the Crown [...]

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Tags: Admission · Criminal liability · Practising certificates · prosecutorial failures

Barristers never used to need practising certificates

June 4th, 2008 · No Comments

Justice Fullagar narrated the history of practising certificates and barristers in Victorian Lawyers RPA Limited v Henderson [1999] VLPT 13:
'For brevity we shall refer collectively to the succession of statutes governing legal practice in Victoria from the time of the Royal Assent to the Legal Profession Practice Act 1958 until the present day as the [...]

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Tags: Admission · Practising certificates

Child porn accused gets ticket back on strict conditions

May 17th, 2008 · No Comments

Almost 3 months ago, a 71 year old sole practitioner who has practiced for 28 years was charged with knowingly possessing child pornography and knowingly transmitting an image of a child having sex. He has not admitted the charges which remain to be tried. He is of course presumed innocent. Nevertheless, the [...]

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Tags: Admission · Criminal liability · Discipline · regulators' duties

Megafirm partner who stole to make budget gets his ticket back after long holiday

April 26th, 2008 · No Comments

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 [...]

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Tags: Admission · Criminal liability · Legal Profession Act · Professional regulation · regulators' duties · trust monies

Cases, cases

December 15th, 2007 · No Comments

Update, 19 February 2008: Fellow Melbourne law blogger Legal Eagle has kindly written a case note on Equuscorp v Wilmoth Field Warne.
Update, 21 December 2007: Another two advocates' immunity cases:
1. Symonds v Vass [2007] NSWSC 1274, 36,000 words, after nearly 3 weeks of trial. See Ysaiah Ross's case note in his article [...]

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Tags: Admission · Advocates' Immunity · Barristers' immunity · Legal Profession Act · Professional fees and disbursements · Retainers · setting aside costs agreements

Two new cases from NSW

December 2nd, 2007 · No Comments

Here's a 37,000 word long judgment in a professional negligence case against a solicitor which began in early 2000: Rebenta Pty Ltd v Wise [2007] NSWSC 1332. It does not discuss many issues of law. The reason one might want to look at it is that it is one of those rare cases where [...]

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Tags: "disgraceful and dishonourable" · Admission · Criminal liability · Discipline · Misconduct · Negligence · common law

Supreme Court enjoins Legal Practice Board's solicitors from continuing to act

July 5th, 2007 · No Comments

ZG-W v CCW (a firm) (2007) VSC 235 is the latest in the saga of the Legal Practice Board's practising certificate cancellation of Melbourne's best known female criminal lawyer. She has succeeded in having the Board's lawyers enjoined from acting further for the Board on the relatively rare basis that it would bring the administration [...]

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Tags: Admission · Criminal liability · Ethics · Professional regulation · conflicts · duties of confidentiality · regulators' duties

So-called lawyer to the underworld fails in challenge to ticket non-renewal

June 26th, 2007 · No Comments

Melbourne's best known female criminal lawyer was convicted some time ago of contempt of court for refusing to answer questions on oath in a Supreme Court murder trial of her husband's murderers: as I reported here. She has sought review of that decision in VCAT, and sought judicial review from the Supreme Court as [...]

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Tags: Admission · Criminal liability · Legal Profession Act · Professional regulation · Striking off

Vic Supreme Court summarises VCAT's power to review practising certificate decisions

June 26th, 2007 · No Comments

In the matter of ZGW v Legal Services Board [2007] VSC 225, Justice Bell made some observations about VCAT's power to grant merits review of decisions about practising certificates made by the Legal Services Board, and the interrelationship of that power with the availability of judicial review:

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Tags: Admission · Criminal liability · Professional regulation · Striking off