The Supreme Court of Tasmania has made an important ruling in Legal Profession Board of Tasmania v XYZ  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 […]
Entries Tagged as 'autrefois acquit'
WASCA on the kind of recklessness in making statements which amounts to conduct warranting discipline
Traditionally, the law of professional discipline has differed from the law of negligence in three profound ways. First, its aim is the protection of the public (though the policy in favour of protecting the reputation of the profession grossly infects the purity of this proposition in most analyses). Secondly, it is about personal wrongdoing. Statute […]
Tags: "question of law" · appeals · autrefois acquit · Discipline · Dishonesty · duties regarding witnesses · duty to court · Ethics · fraud · litigation ethics · negligence as disciplinary breach · procedure · prosecutorial failures · prosecutors' duties
So said England’s highest court in R (on the application of Coke-Wallis) v Institute of Chartered Accountants in England and Wales  UKSC 2. An accountant and his wife were directors and shareholders of trust companies carrying out regulated financial services in Jersey. Jersey is an island off the coast of Normandy which is not […]
Many new decisions of interest are coming out and I will not have time to blog them any time soon as I have to go to University and concentrate on my latest and hopefully last field of study, Shareholders Rights and Remedies. Here are some pointers in case you want to read this slew of […]
Coke-Wallis v Institute of Chartered Accountants In England and Wales  EWCA Civ 730 considered the application of principles of res judicata and autrefois acquit (the criminal version of the same principle, an aspect of double jeopardy) to disciplinary ‘prosecutions’. It did so in the context of the disciplining of accountants. The relevant scheme made […]
I only just caught up with the fact that the Court of Appeal has overturned Justice Gillard’s decision in Kabourakis v Medical Board of Victoria  VSC 493, the subject of an earlier post. See  VSC 301. VCAT’s Vice President Harbison, sitting in the Legal Practice List for the first time I am aware […]
Update, 23 December 2009: Doubt is cast on the correctness of Hunt AJA’s comments by Hodgson JA, the other justices of appeal agreeing, in Council of the NSW Bar Association v A (2008) 72 NSWLR 236 at 249;  NSWCA 164 (). Original post: The following passage from the NSW Court of Appeal’s decision in […]
Kabourakis v Medical Practitioners Board of Victoria  VSC 493 (Gillard J) Justice Gillard said doctors get no res judicata and allowed the doctors’ regulator to fix a bungled prosecution following a complaint by deciding to investigate the matter already decided under its power to investigate of its own volition.