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

The Australian Professional Liability Blog random header image

Entries Tagged as 'Criminal liability'

The right to silence in disciplinary and striking off hearings

August 31st, 2008 · No Comments

I have previously posted about the QC who took his computer into work at the DPP only to lose his career when the tech found child pornography on it. It was a bizarre story, and of course there was a twist which has become clear from the disciplinary decision in Council of the NSW [...]

[Read more →]

Tags: Criminal liability · Misconduct · Practising certificates · Striking off · procedure · prosecutors' duties

Drug trafficking Melbourne patent lawyer to be sentenced

August 24th, 2008 · No Comments

The Age has reported the conviction for drug trafficking of a 41 year old church-going Melbourne patent lawyer with a Master of Laws after a shoe box containing about $170,000 in cash and $300,000 worth of the drug ice was found in her apartment. She is yet to be sentenced. It will be [...]

[Read more →]

Tags: Criminal liability

Zarah wins

July 29th, 2008 · No Comments

Ms Garde-Wilson's back in business. In fact she never went out of business, since following the non-renewal of her practising certificate, she held a deemed practising certificate pursuant to the Legal Profession Act, 2004, s. 2.4.5(3) pending her VCAT merits review application. The assertion that she had ceased to be a fit and [...]

[Read more →]

Tags: Criminal liability · Practising certificates · Professional regulation · regulators' duties

Law Institute seeks 50 year ban for 62 year old solicitor

July 11th, 2008 · No Comments

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 [...]

[Read more →]

Tags: "disgraceful and dishonourable" · Criminal liability · Discipline · Misconduct · Practising certificates · Striking off · common law · costs · mental illness · procedure · prosecutorial failures · trust monies

Kylie's one-time lawyer before VCAT's Legal Practice List

July 9th, 2008 · No Comments

Update, 18 July 2008: Make that a $200,000, not $20,000, loan from rock impressario Michael Gudinski. I like the way he gave evidence to VCAT's Legal Practice List by mobile phone from a US Billy Joel concert. Leonie Wood's report for The Age is here.
Update, 15 July 2008: Apparently the Law Institute's trust account [...]

[Read more →]

Tags: Criminal liability · Discipline · judicial review · trust monies

From the newspapers

July 5th, 2008 · 1 Comment

Friday is definitely law news day. The Australian and the Australian Financial Review both have several pages of law news of a Friday. I might try to bring to the attention of you readers articles of interest from both on a relatively regular basis.
First though, some things from not-Friday. ABC Radio National's The [...]

[Read more →]

Tags: Criminal liability · Legal Services Commissioner · 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 [...]

[Read more →]

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

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 [...]

[Read more →]

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 [...]

[Read more →]

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

Once you've done your time, prior misconduct not an indicator of fitness to practise

April 4th, 2008 · No Comments

In JLL v Law Institute of Victoria Limited [2008] VCAT 456, a Box Hill solicitor who had paid only $5,000 of the $55,000 odd he owed under orders of the Legal Profession Tribunal was given a practising certificate by VCAT, overturning a decision of the Law Institute not to give him one on the basis [...]

[Read more →]

Tags: Criminal liability · Discipline · Misconduct · Professional regulation · Unsatisfactory conduct · regulators' duties