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 [...]
Entries Tagged as 'amendment'
Misconduct charge no. 21 against Victorian silk stayed as abuse of process
April 16th, 2007 · No Comments
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

