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 [...]
Entries Tagged as 'amendment'
Commissioner’s obligation to charge dishonesty if he intends to allege it
December 4th, 2009 · No Comments
Tags: Discipline · Ethics · Legal Profession Act · Legal Services Commissioner · Misconduct · Practising certificates · Professional regulation · Striking off · Trust money · amendment · appeals · concurrent duties · conflicts · current client and past client · duty and duty · jurisdiction · natural justice · procedure · trust monies · wilful disregard for rules
Doctors, psychologists, sex and former patients
September 7th, 2009 · No Comments
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. [...]
Tags: "disgraceful and dishonourable" · Discipline · Misconduct · amendment · doctors · natural justice · procedure · prosecutorial failures · prosecutors' 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 [...]
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
Abuse of process and disciplinary tribunals
April 16th, 2007 · No Comments
In M v VCAT [2007] VSC 89, discussed in the next post, the Supreme Court of Victoria’s Justice Mandie provided a useful treatment of the law relating to abuse of process as applied to disciplinary tribunals. It is set out below in full.
Tags: Abuse of process · Discipline · Legal Practice Act · amendment · procedure
Non-disclosure of own negligence founds unsatisfactory conduct conviction
March 31st, 2006 · No Comments
Law Institute of Victoria v PJR [2006] VCAT 293 (see the associated pecuniary loss dispute decision here)
The Law Institute prosecuted a solicitor for misconduct constituted by simply missing a time limit. That failed, as did most of the other charges. But he was convicted of unsatisfactory conduct in not telling his client for two years [...]
Tags: Discipline · Unsatisfactory conduct · amendment · civil-disciplinary interplay · conflicts · costs · duty and interest · negligence as disciplinary breach · procedure · prosecutorial failures

