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

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Entries Tagged as 'judicial review'

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 [...]

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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 [...]

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Tags: Discipline · Legal Profession Act · Legal Services Commissioner · appeals · judicial review · natural justice · regulators' duties

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 [...]

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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

Justice Gillard says: prosecute the same offence as many times as you like

April 24th, 2006 · No Comments

Kabourakis v Medical Practitioners Board of Victoria [2005] VSC 493 (Gillard J)

Justice Gillard said doctors get no res judicata and allowed the doctors' regulator to fix a bungled prosecution following a complaint by deciding to investigate the matter already decided under its power to investigate of its own volition.

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Tags: Uncategorized · autrefois acquit · defences · judicial review