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

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Entries Tagged as 'natural justice'

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

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 [...]

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Tags: "question of law" · Discipline · Legal Practice Act · Misconduct · appeals · 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 monies [...]

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