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

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Entries Tagged as 'autrefois acquit'

More cases

May 30th, 2008 · No Comments

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 [2005] VSC 493, the subject of an earlier post. See [2006] VSC 301.
VCAT's Vice President Harbison, sitting in the Legal Practice List for the first time I am aware [...]

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Tags: Discipline · Fair Trading Act · Legal Services Commissioner · Litigation estoppels · autrefois acquit · doctors · procedure · prosecutorial failures · prosecutors' duties · regulators' duties

Staying disciplinary proceedings as abuses of process

January 17th, 2007 · No Comments

The following passage from the NSW Court of Appeal's decision in Lindsay v Health Care Complaints Commission [2005] NSWCA 356 (Hunt AJA, others agreeing) casts some doubt on whether a medical disciplinary tribunal presided over by a judge had power to stay a disciplinary proceeding as an abuse of process. The issue arose in the [...]

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Tags: Abuse of process · Uncategorized · autrefois acquit · jurisdiction · procedure

Justice Gillard says: prosecute the same offence as many times as you like

April 24th, 2006 · No Comments

Kabourakis v Medical Practitioners Board of Victoria [2005] 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.

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Tags: Uncategorized · autrefois acquit · defences · judicial review