In this post, I just reproduce what Deputy President Dwyer said recently about the burden of proof, right to silence, and inferences which may be drawn from the fact of the exercise by a solicitor of the right to silence. He said it in the context of a hard-fought hearing into the conduct of Kylie's [...]

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On 13 August 2008, Deputy President O'Dwyer found charges of misconduct at common law made out against Kylie Minogue's one-time solicitor, the man towards the centre of the government's Operation Wickenby investigation, Michael Brereton. See Legal Services Commissioner v Brereton [2008] VCAT 1723. Mr O'Dwyer found he had transferred more than $2.3 million of [...]

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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 [...]

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Legal Services Commissioner v BH [2008] VCAT 687 is a case with terrible facts. A man died as a result of a crime. The family hired the respondent solicitor to act for them in crimes compensation applications. He lost the file some time into the second year of the retainer, but did [...]

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Here's a 37,000 word long judgment in a professional negligence case against a solicitor which began in early 2000: Rebenta Pty Ltd v Wise [2007] NSWSC 1332. It does not discuss many issues of law. The reason one might want to look at it is that it is one of those rare cases where [...]

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A barrister purported to witness the signature of a wife on a guarantee at the request of his good friend the husband. But he did not witness her signature. Worse, he certified that he had explained the document to her and that she had appeared to understand it. A familiar story. As [...]

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In Legal Services Commissioner v. RDS [2007] VCAT 1835, a 'leading, senior and respected member of the profession' defrauded both his client and the revenue of three quarters of a million dollars.  He had been sentenced to 3 years' imprisonment, suspended for 3 years, having pleaded guilty in the criminal court.  He cooperated with the [...]

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Guss v Law Institute of Victoria Ltd [2006] VSCA 88 (Maxwell P gave the lead judgment, Callaway and Chernov JJA agreeing)
A solicitor's right to practice was suspended for three years and he was ordered to pay costs of $31,500 for failing to comply with the obligation of ongoing discovery in relation to what was prima [...]

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Law Institute v KTBH [2006] VCAT 350 (Senior Member Howell)
There were separate disciplinary and negligence proceedings against the solicitor over the same facts. At the end of the disciplinary hearing, and on the basis of the prosecutrix's submissions, Mr Howell decided to determine the negligence case and get the whole thing over and done with. [...]

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