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

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Entries Tagged as 'Admission'

Applications for reinstatement to the roll of practitioners

March 20th, 2011 · No Comments

Generally, if you are struck off and want to be reinstated to the roll of practitioners, it is necessary credibly to exhibit remorse for the conduct which led to your being struck off.  Pity the person struck off for something they genuinely believe they did not do: must not lie on oath about being contrite […]

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Tags: Admission

How not to correspond with the person you’re seeking a practising certificate from

August 22nd, 2010 · 1 Comment

A decision of the Supreme Court is another lesson in the perils of self-representation.  What started off as a failure to lodge income tax returns for a few years snowballed into a situation where the barrister’s intercourse with the judiciary and the Bar Association in relation to inquiries made by the Bar Association revealed him […]

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Tags: Admission · Practising certificates

A mistake not to make

November 24th, 2009 · No Comments

University of Western Australia v Gray (No 25) [2009] FCA 1227 is a horror story.  Gray won and Justice French ordered the University to pay his costs.  It was a big case.  But the University contended that to the extent that Gray’s lawyers had not placed themselves on the roll of practitioners maintained by the […]

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Tags: Admission · Party party costs

Criminal records

August 31st, 2009 · 1 Comment

I have defended more than one lawyer whose client said the lawyer had failed to advise him properly as to the consequences of a guilty plea.  There are many more gradations of disposition of criminal prosecutions than I had realised, and ‘without conviction’ does not mean that society forgets the transgression ever after for all […]

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Tags: Admission · Criminal liability

Sex offence doctor’s VCAT success stayed pending appeal

August 4th, 2009 · No Comments

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 […]

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Tags: Admission · Criminal liability · doctors · Professional regulation · VCAT

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

July 21st, 2008 · 1 Comment

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 obviously figured […]

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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 […]

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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 Legal Services Board […]

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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 megafirms […]

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