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

The Australian Professional Liability Blog random header image

Entries Tagged as 'appeals'

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

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 [...]

[Read more →]

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 [...]

[Read more →]

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):

[Read more →]

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 [...]

[Read more →]

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 [...]

[Read more →]

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 [...]

[Read more →]

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 [...]

[Read more →]

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 [...]

[Read more →]

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:

[Read more →]

Tags: Discipline · appeals · doctors