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

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Entries Tagged as 'costs'

NZCA stomps on attempt to limit costs against disciplinary bodies

September 8th, 2014 · No Comments

In Roberts v A Professional Committee of the Nursing Council of New Zealand [2014] NZCA 141 a nurse had pleaded guilty to having sex with a vulnerable patient.  He had been suspended from nursing for three years.  The High Court upheld his appeal and reduced his period of suspension to 18 months, precisely as he […]

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Tags: costs · Discipline · procedure

A reprimand is not just a slap over the wrist; the value of precedents in disciplinary sentencing

December 19th, 2013 · No Comments

In Peeke v Medical Board of Victoria [1994] VicSC 7 at p. 6, Marks J commented in a judgment substituting a reprimand for the inferior tribunal’s 6 month suspension that a reprimand should not be regarded as a trivial penalty: ‘I have mentioned that the Board referred to a reprimand as trivialising a serious lapse […]

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Tags: costs · Discipline · doctors · Misconduct · procedure · prosecutors' duties

Should the liability for costs of a disciplinary prosecution impact on the level of punishment?

September 6th, 2011 · 1 Comment

The answer is, at least in NSW — Yes. In Legal Services Commissioner v MB (No 3) [2009] NSWADT 313, a tribunal presided over by Deputy President Haylen gave the following reasons for punishing the respondent solicitor for gross-overcharging with a fine of $6,500: ‘The Tribunal accepts that the fine should be at the lower […]

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Tags: costs · Discipline · gross overcharging · 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 unexplained delay reduces penalty for serious misconduct

August 6th, 2009 · No Comments

Speaking of the need for speed as Justice Heydon and I were on this blog yesterday, there are two other instances worthy of reporting. First, the High Court has recently considered the need for speed in criminal proceedings, and were not nearly as excited about it as in commercial litigation. This time, they rolled the […]

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Tags: costs · Discipline · Legal Services Commissioner · mental illness · Misconduct · procedure · prosecutors' duties · regulators' duties · trust monies

The practising certificate suspension challenge that went wrong

October 21st, 2008 · No Comments

Update, 8 November 2008: When I wrote this post, the Court of Appeal had authoritatively answered another of the questions posed below, about the penalty privileges, but I had not yet read the case, CT v Medical Practitioners Board [2008] VSCA 157.  Now I have, and I have posted here about it. Original post: WPE […]

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Tags: civil-disciplinary interplay · costs · Discipline · Misconduct · Practising certificates · procedure · Professional regulation · prosecutors' duties · regulators' duties · VCAT Act

Law Institute seeks 50 year ban for 62 year old solicitor

July 11th, 2008 · No Comments

In Law Institute of Victoria v DSS [2008] VCAT 1179, the Institute sought in a misconduct prosecution an order that the solicitor not be allowed to handle trust monies for 50 years. Vice President Judge Ross described the submission as ‘somewhat excessive’. The solicitor had stolen $75,000 from his clients and out of his trust […]

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Tags: "disgraceful and dishonourable" · common law · costs · Criminal liability · Discipline · mental illness · Misconduct · Practising certificates · procedure · prosecutorial failures · Striking off · trust monies

Morwell solicitor to pay $5,500 for ignoring Bureau de Spank

November 10th, 2007 · No Comments

A Morwell solicitor has been ordered to pay a fine of $3,000 and costs of almost $2,500 for ignoring the Legal Services Commissioner’s demands under the Legal Profession Act, 2004 power resident in her to compel written explanations of conduct the subject of a complaint and to compel the production of documents — in this […]

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Tags: costs · Discipline · Legal Services Commissioner · Misconduct · procedure

Leading, senior and respected solicitor convicted over $0.75M fraud suspended till 2013

October 13th, 2007 · No Comments

In Legal Services Commissioner v. RDS [2007] VCAT 1835, a ‘leading, senior and respected member of the profession’ defrauded both his client and the revenue of three quarters of a million dollars.  He had been sentenced to 3 years’ imprisonment, suspended for 3 years, having pleaded guilty in the criminal court.  He cooperated with the […]

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Tags: "disgraceful and dishonourable" · common law · costs · Criminal liability · Discipline · Misconduct · procedure

Costs ordered against Law Institute in unsuccessful opposition to appeal against sentence of solicitor

June 29th, 2007 · No Comments

The last post referred to part 1 of the last chapter of an intriguing saga. The second and final part of that chapter is the decision on costs: PJQ v Law Institute of Victoria (No. 2) [2007] VSCA 132. The President of the Court of Appeal rejected the following submissions by the Institute: that the […]

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Tags: "question of law" · appeals · costs · Discipline · Legal Practice Act · Legal Profession Act · procedure · prosecutorial failures · prosecutors' duties