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

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Entries Tagged as 'Criminal liability'

Submissions on penalty in regulatory proceedings like ASIC and disciplinary prosecutions

June 8th, 2015 · No Comments

The Federal Court has given a landmark decision about regulatory prosecutions.  In federal jurisdictions and state jurisdictions which follow the new decision, professional disciplinarians like ASIC and Legal Services Commissioners will no longer be able to enter into plea bargains in the expectation that the court or tribunal hearing them will rubber stamp the agreed […]

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Tags: Criminal liability · Discipline · Legal Services Commissioner · Legal writing · Out of court settlements · procedure · Professional regulation · prosecutors' duties · regulators' duties · Rule of law

Can an administrative agency determine that a crime has been committed?

March 4th, 2015 · No Comments

In Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7, the High Court considered when an administrative agency can make a determination of the commission of a crime.  The case arises out of the sorry saga of two Today FM presenters impersonating the Queen and Prince Charles in inquiries of the hospital […]

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Tags: Criminal liability · Discipline · Legal Services Commissioner · Misconduct · National Profession Uniform Law

More on the constraints on the use of information obtained under statutory powers

February 10th, 2015 · No Comments

In Flori v Commissioner of Police [2014] QSC 284, a police sergeant was suspected of committing a crime: leaking to News Ltd footage of an incident in respect of which another officer was being investigated by a disciplinary authority for using excessive force.  A criminal investigation was launched as a result of the findings of […]

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Tags: Criminal liability · Discipline · Evidence · procedure · prosecutors' duties

Z v Dental Complaints Assessment Committee

September 14th, 2010 · No Comments

Z v Dental Complaints Assessment Committee [2008] NZSC 55 is an important case which considers in depth just how quasi-criminal professional discipline proceedings should be.  It is a decision of New Zealand’s Supreme Court, their equivalent of our High Court, now 6 years old.  It considers the disciplinary prosecution of a dentist, acquitted of sexually […]

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Tags: Briginshaw · Criminal liability · Discipline · doctors · Evidence

Can conduct unconnected with practice constitute misconduct at common law?

August 21st, 2010 · No Comments

Recently, it has been suggested that misconduct unconnected with legal practice (which the High Court has referred to as ‘personal misconduct’) may constitute professional misconduct at common law: New South Wales Bar Association v Cummins [2001] NSWCA 284; Legal Services Commissioner v RAP [2009] VCAT 1200, the subject of this post.  This post considers whether […]

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Tags: common law · Criminal liability · Discipline · Misconduct

Can’t keep up

August 7th, 2010 · No Comments

Many new decisions of interest are coming out and I will not have time to blog them any time soon as I have to go to University and concentrate on my latest and hopefully last field of study, Shareholders Rights and Remedies.  Here are some pointers in case you want to read this slew of […]

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Tags: autrefois acquit · Criminal liability · Discipline · doctors · Negligence · Out of court settlements · procedure · prosecutorial failures

Ever wondered the consequences of forging a judge’s signature?

July 28th, 2010 · No Comments

As a lawyer, I am often tempted to do the wrong thing.  It is a very desirable thing to win.  But I have never felt tempted to forge a judge’s signature.  It is thought that a lawyer in the Office of Public Prosecutions did exactly that.  He is charged with attempting to pervert the course […]

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Tags: Criminal liability · Ethics · litigation ethics

Ziems v Prothonotary of the Supreme Court of NSW

June 15th, 2010 · 2 Comments

Ziems v The Prothonotary of the Supreme Court of New South Wales (1957) 97 CLR 279; [1957] HCA 46 is a much-cited decision in the law which governs the pointy end of professional discipline of lawyers: striking off the roll.  A majority held that where a lawyer is convicted of even a serious criminal offence […]

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Tags: Criminal liability · Striking off

Thieving soli out of jail cops Fidelity Fund’s Sentencing Act compo application

April 12th, 2010 · No Comments

Legal Services Board v GW [2010] VSC 105 is a decision of Justice Robson.  A Victorian solicitor stole a million bucks from his clients and went to jail.  The Legal Services Board made no application for compensation under s. 86 of the Sentencing Act, 1991 because, wearing its Fidelity Fund hat, it thought the solicitor […]

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Tags: Criminal liability

Self-incrimination certificates

September 11th, 2009 · No Comments

Update, 4 December 2009: A single judge of the NSW Supreme Court, Justice Julie Ward (NSW’s equivalent of Victoria’s Justice Kyrou, having been appointed from the ranks of solicitors last year), declined to follow the decision discussed below, Sheikholeslami v Tolcher [2009] NSWSC 920.  Twelve thousand words is a pretty good effort for an evidentiary […]

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Tags: Criminal liability