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

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Entries Tagged as 'amendment'

Lawyers withdrawing ‘guilty pleas’ in disciplinary prosecutions at first instance and on appeal

March 2nd, 2016 · No Comments

BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146 is the subject of this sister post about the permissible use of evidence of mental impairment.  Two aspects of it deserve their own separate post.  The respondent barrister changed her plea twice, once after the liability phase of the hearing but before the […]

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Tags: "question of law" · amendment · appeals · civil-disciplinary interplay · Discipline · mental illness · procedure

Suspensions which are not suspensions and orders which are not orders

March 25th, 2015 · No Comments

VCAT’s latest decision to come to my attention, of Member Elizabeth Wentworth, involved another solicitor who did not lodge tax returns over an extended period. He was suspended from practice for 12 months, but the suspension was suspended provided he did not breach certain conditions in the three years after the orders.  If he does, then […]

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Tags: amendment · common law · Discipline · Dishonesty · fraud · Legal Profession Act · Misconduct · Practising certificates · procedure · Suspension

Can a legal regulator rescind a decision to bring disciplinary proceedings

March 21st, 2015 · No Comments

The Supreme Court of Tasmania has made an important ruling in  Legal Profession Board of Tasmania v XYZ [2014] TASSC 33 about the finality of decisions made by legal regulators at the end of disciplinary investigations.  The decision suggests that in those jurisdictions with similar statutory provisions, until a disciplinary prosecution is launched, such decisions […]

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Tags: amendment · autrefois acquit · Discipline · Legal Profession Act · Legal Services Commissioner · procedure · Professional regulation · regulators' duties

NSWCA on professional discipline

October 6th, 2010 · No Comments

A GP was struck off after a hearing lasting 40 days. He was found to suffer a delusional disorder. The New South Wales Court of Appeal recently delivered a long judgment in an appeal from that decision, as reported on ABC: Lindsay v Health Care Complaints Commission [2010] NSWCA 194.  The quote the doctor got […]

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Tags: amendment · doctors · procedure

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

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

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

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 half of […]

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Tags: Abuse of process · amendment · Discipline · duty to court · Ethics · judicial review · Legal Practice Act · litigation ethics · Misconduct · 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.

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Tags: Abuse of process · amendment · Discipline · Legal Practice Act · procedure

Non-disclosure of own negligence founds unsatisfactory conduct conviction

March 31st, 2006 · 1 Comment

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 […]

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Tags: amendment · civil-disciplinary interplay · conflicts · costs · Discipline · duty and interest · negligence as disciplinary breach · procedure · prosecutorial failures · Unsatisfactory conduct