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

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Entries Tagged as 'natural justice'

New cases

August 14th, 2010 · No Comments

Legal Services Commissioner v Dempsey [2010] QCA 197 is an unsuccessful appeal from a disciplinary prosecution in which findings of dishonesty were made. Dye v Fisher Cartwright Berriman Pty Ltd [2010] NSWSC 895 is a case in which an application for a costs assessment (NSW version of taxation) outside the allotted 12 month period succeeded. […]

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Tags: amendment · Causation · costs · Discipline · Misconduct · natural justice · Negligence · Penalties privilege · procedure · Professional fees and disbursements · Taxations

The rule against duplicity in disciplinary charges

March 1st, 2010 · 1 Comment

‘Quis custodiet ipsos custodes?’, a Melbourne lawyer’s criminal law blog,  explained the criminal law rule against duplicity here.  I am not much interested in it from a professional discipline point of view, and it seems the courts tend not to get over-excited about it either (though the lawyer made some progress with it in Law […]

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Tags: Discipline · natural justice · procedure · prosecutors' duties

Commissioner’s obligation to charge dishonesty if he intends to allege it

December 4th, 2009 · No Comments

Relatively recently, I posted on the question of whether a Bureau de Spank desiring to rely on a practitioner’s dishonesty or other form of conscious wrongdoing must expressly allege it in the charge, and discussed Walter v Council of Queensland Law Society Incorporated (1988) 77 ALR 228 at 234; [1988] HCA 8.  Now, in Legal […]

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Tags: amendment · appeals · concurrent duties · conflicts · current client and past client · Discipline · duty and duty · Ethics · jurisdiction · Legal Profession Act · Legal Services Commissioner · Misconduct · natural justice · Practising certificates · procedure · Professional regulation · Striking off · Trust money · trust monies · wilful disregard for rules

Disciplinary charges and intentional wrongdoing

October 29th, 2009 · No Comments

Update, 4 December 2009: see now Legal Services Commissioner v Madden (No 2) [2008] QCA 301.  What the Queensland Court of Appeal said there about Walter’s Case, the subject of this post, is reproduced at the end of the post. Original post: Does a lawyer’s Bureau de Spank have to say in a charge in […]

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Tags: Discipline · Misconduct · natural justice · procedure · prosecutorial failures · prosecutors' duties · reckless disregard for rules · trust monies · Unsatisfactory conduct · wilful disregard for rules

Doctors, psychologists, sex and former patients

September 7th, 2009 · 1 Comment

In Re a Psychologist [2009] TASSC 70, the Supreme Court of Tasmania quashed a decision of the Psychologists Registration Board of Tasmania to suspend a psychologist for 6 months for entering into a sexual relationship with a former patient fewer than 2 years after the end of the therapeutic relationship.  In fact he married her. […]

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Tags: "disgraceful and dishonourable" · amendment · Discipline · doctors · Misconduct · natural justice · procedure · prosecutorial failures · prosecutors' duties

Byrne v Marles reversed by legislation

February 9th, 2009 · No Comments

I wrote about Byrne v Marles [2008] VSCA 78 here, and suggested reversal by legislation as a possible outcome.  The government slipped the Professional Standards and Legal Profession Act Amendment Act, 2008 through pretty quietly.  Two new sub-sections in the Legal Profession Act, 2004 add to the existing parent sections that nothing within them gives […]

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Tags: Discipline · Legal Profession Act · Legal Services Commissioner · natural justice · procedure · regulators' duties

Court of Appeal wreaks havoc with most current Legal Services Commissioner investigations

May 22nd, 2008 · 5 Comments

Update, 2 September 2010: Just noticed this and thought to store it away here as potentially interesting: http://jade.barnet.com.au/Jade.html#article=229752. Update, 7 August 2010: The saga continues.  See this post. 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 […]

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

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 […]

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Tags: "question of law" · appeals · Discipline · Legal Practice Act · Misconduct · natural justice · procedure · prosecutorial failures · prosecutors' duties · regulators' duties

A sad story of a failure to qualify as a doctor after 20 years’ effort

October 16th, 2006 · No Comments

Tsigounis v Medical Board of Qld [2006] QCA 295 is a warning of the dangers of self-representation by professionals. A medical student at Monash University took more than 11 years to complete her medical degree 20 years ago. She could not find work in Victoria, and travelled to Townsville to do her internship following a […]

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Tags: Admission · doctors · natural justice

Colourful barrister runs rings around the Bar’s prosecutor, for a while anyway

April 5th, 2006 · 1 Comment

Update, August 2006: the end of the saga is to reported at this post.  Original post: In Victorian Bar v DAP (Nos. 1 to 4) (Bowman, Southall QC, Harper) [2006] VCAT 294, the Bar got itself into a tangle in the prosecution of a barrister for what sounds like the relatively minor offence of taking […]

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Tags: Discipline · natural justice · prosecutors' duties · trust monies