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 [...]
Entries Tagged as 'appeals'
Kylie's one-time lawyer before VCAT's Legal Practice List
July 9th, 2008 · No Comments
Tags: Criminal liability · Discipline · judicial review · trust monies
Court of Appeal wreaks havoc with most current Legal Services Commissioner investigations
May 22nd, 2008 · 1 Comment
Update, 17 June 2008: The Age has caught up with this story. It's a funny old article. Weirdest is this comment 'A prominent senior counsel said the system was unfair, and any complaint should be forwarded immediately to the subject of the complaint.' In my experience, the Commissioner does almost invariably send [...]
Tags: Discipline · Legal Profession Act · Legal Services Commissioner · appeals · judicial review · natural justice · regulators' duties
And another Court of Appeal sets aside another gross overcharging conviction
June 29th, 2007 · No Comments
As reported in today's Australian Financial Review, the NSW Court of Appeal has told the Administrative Decisions Tribunal's Legal Services Division that it got it wrong when it found a Sydney solicitor guilty of gross overcharging. The case is LN v Legal Services Commissioner [2007] NSWCA 130 Though the solicitor signed the bill, he did [...]
Tags: Discipline · Misconduct · Professional fees and disbursements · appeals · gross overcharging · prosecutorial failures
The law on applications to stay suspensions from practice pending appeal
June 29th, 2007 · No Comments
In PJQ v Law Institute of Victoria Ltd [2005] VSCA 326, the President of the Court of Appeal laid down the law in relation to applications for stays pending appeals of suspension orders meted out by VCAT (then the Full Legal Profession Tribunal):
Tags: Discipline · appeals
Costs ordered against Law Institute in unsuccessful opposition to appeal against sentence of solicitor
June 29th, 2007 · No Comments
The last post referred to part 1 of the last chapter of an intriguing saga. The second and final part of that chapter is the decision on costs: PJQ v Law Institute of Victoria (No. 2) [2007] VSCA 132. The President of the Court of Appeal rejected the following submissions by the Institute:
that the Institute [...]
Tags: "question of law" · Discipline · Legal Practice Act · Legal Profession Act · appeals · costs · procedure · prosecutorial failures · prosecutors' duties
Court of Appeal sets aside unduly harsh outcome in gross overcharging prosecution
June 28th, 2007 · No Comments
PJQ v Law Institute of Victoria[2007] VSCA 122 is the part 1 of the last chapter in a story of good tactical plays characteristic of professional discipline specialist Sam Tatarka in the representation of a solicitor charged with gross overcharging, and applying trust monies to pay his fees without the appropriate paperwork. It sounds like [...]
Tags: "question of law" · Discipline · Legal Practice Act · Misconduct · Professional fees and disbursements · Striking off · appeals · gross overcharging · mental illness · prosecutorial failures · wilful disregard for rules
Misconduct charge no. 21 against Victorian silk stayed as abuse of process
April 16th, 2007 · No Comments
The latest and possibly last chapter in the tribulations of Victoria's most senior female silk is to be found in M v VCAT [2007] VSC 89, a decision of Justice Mandie. The barrister was charged on 4 July 2005 with 24 charges of misconduct, and ended up after a hearing of the first [...]
Tags: Abuse of process · Discipline · Ethics · Legal Practice Act · Misconduct · amendment · duty to court · judicial review · litigation ethics · procedure · prosecutorial failures · prosecutors' duties · reckless disregard for rules
Chairman, Full Legal Profession Tribunal criticised for abusing solicitor in misconduct prosecution
November 24th, 2006 · No Comments
In B (A Solicitor) v Victorian Lawyers RPA Ltd (2002) 6 VR 642 (Ormiston, Charles and Batt JJA), the majority criticised the Chairman of the Full Legal Profession Tribunal for retorting to the solicitor's submission that "These proceedings are a full time occupation for me" with "Occupation or obsession, Mr [G]?". They said it was [...]
Tags: Discipline · Legal Practice Act · appeals · procedure
Procedural fairness: "Murray letters" considered by Victorian Court of Appeal
November 24th, 2006 · No Comments
B (A Solicitor) v Victorian Lawyers RPA Ltd (2002) 6 VR 642 (Ormiston, Charles and Batt JJA)
The Law Institute corresponded with the solicitors in this matter between 1998 and October 2000. The CEO Ian Dunn, wrote what is known in the game as "a Murray letter" on 16 October 2000. That is a letter summarising [...]
Tags: "question of law" · Discipline · Legal Practice Act · Misconduct · appeals · natural justice · procedure · prosecutorial failures · prosecutors' duties · regulators' duties
Differences between appeals proper, rehearings and rehearings de novo explained
October 17th, 2006 · 1 Comment
The following handy passage is from the case referred to in the previous post, Papps v Medical Board of South Australia [2006] SASC 234, per Gray J:
Tags: Discipline · appeals · doctors

