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

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Entries Tagged as 'jurisdiction'

Yet more on the obligation on Legal Services Commissioners to plead their case properly and stick to it

August 7th, 2016 · No Comments

Legal Services Commissioner v AL [2016] QCAT 237 is a decision of a disciplinary tribunal presided over by Justice David Thomas, President of QCAT and a Supreme Court judge. It is therefore of high persuasive value, and treats Queensland provisions which are the same as the equivalent Victorian provisions. And it provides what I suggest with […]

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Tags: Alleging fraud & misconduct · Briginshaw · Discipline · Dishonesty · Evidence · fraud · gross overcharging · jurisdiction · litigation ethics · natural justice · negligence as disciplinary breach · procedure · Professional fees and disbursements · prosecutorial failures · prosecutors' duties · Taxations · Unsatisfactory conduct · Wasted costs

Self-represented solicitor guilty of misconduct for breaching a rule expressed to regulate conduct when acting for a client

May 29th, 2014 · No Comments

A Western Australian disciplinary case, Legal Profession Complaints Committee v CSA [2014] WASAT 57 is interesting in a number of ways. A criminal lawyer was the manager of a strata corporation.  She owned two units and the complainant the third. The complainant affixed an airconditioner to a wall which impeded on a common area.  She […]

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Tags: Abuse of process · Briginshaw · Discipline · Dishonesty · duty to court · Evidence · jurisdiction · litigation ethics · Misconduct · procedure · The suit for fees

VCAT rolled for finding solicitor guilty of a charge not levelled against him

April 30th, 2014 · No Comments

Justice Karin Emerton seems to be emerging as one of the Supreme Court’s specialists in what I call the law about lawyers, much of which is found in the Legal Profession Act 2004.  Early on in her judicial career, her Honour was assigned to the hearing of the extraordinary suite of matters between the Legal […]

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Tags: appeals · Discipline · jurisdiction · Legal Profession Act · Legal Services Commissioner · Legal writing · procedure · Vic Solis' Conduct Rules

Parties cannot by agreement give jurisdiction to a tribunal it does not have

February 28th, 2011 · No Comments

Some things you learn the hard way.  One of my earliest appearances, as a young solicitor at a packed directions hearing before the notorious Master Patkin of the County Court, involved a discussion of the Court’s jurisdiction which I had not seen coming.  I suggested that the other side had consented to jurisdiction.  It earnt […]

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Tags: Discipline · jurisdiction · procedure · VCAT

Supreme Courts’ inherent jurisdiction to discipline lawyers to be invoked sparingly

February 1st, 2010 · No Comments

Update, 5 March 2012: See also, to similar effect, Bott v Carter [2009] NSWSC 236 at [28] – [34]. Original post:  In AM v Legal Practitioners Disciplinary Tribunal [2010] NTSC 02, a Full Court of the Supreme Court of the Northern Territory heard an appeal by way of rehearing into a decision of the Disciplinary […]

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Tags: appeals · Discipline · jurisdiction · procedure

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

State Acts’ power to regulate local lawyers’ overseas conduct

April 17th, 2009 · No Comments

In Legal Practitioners Complaints Committee and MT QC [2009] WASAT 42, Judge Eckert’s 3 member tribunal considered the application to the Western Australian Legal Practice Act, 2003 of the laws relating to the power of state governments to make legislation regulating overseas conduct (i.e. ‘the law of extraterritoriality’).  Her Honour is Deputy President of the […]

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Tags: Discipline · jurisdiction · procedure · Professional regulation

What happens when complainant lodges complaint with wrong regulator and it gets transferred

May 31st, 2008 · No Comments

In Byrne v Marles [2008] VSCA 78, the subject of this earlier post, another issue arose. Justice Nettle confirmed that a complaint made to anyone other than the Commissioner is invalid as a trigger for the operation of the Legal Profession Act, 2004, but that if it finds its way to the Commissioner otherwise than […]

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Tags: Discipline · jurisdiction · Legal Services Commissioner · procedure

Victorian Legal Services Commissioner’s 2006-2007 annual report

November 1st, 2007 · No Comments

The Legal Services Commissioner’s annual report went online today. You can download the pdf by clicking here. The big news is that she’s put 2 new blokes on the staff, but the blokes to sheila ratio has actually decreased (to 1 in 20). In the year to 30 June 2007, the Commissioner’s staff of 45 […]

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Tags: Discipline · jurisdiction · Legal Practice Act · Legal Profession Act · Legal Services Commissioner · procedure · Professional regulation

Doctor’s opinion not given in trade or commerce so VCAT had no jurisdiction

June 27th, 2007 · No Comments

In a landmark decision with profound implications for VCAT’s Fair Trading Act, 1958 jurisdiction over lawyer-client disputes about professional negligence and fees, a Deputy President of VCAT has recognised that it did not have jurisdiction to hear a former client’s misleading and deceptive conduct claim brought against ‘a professional’ in the traditional sense of the […]

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Tags: defences · doctors · Fair Trading Act · jurisdiction · Negligence · procedure · VCAT