I have previously posted about the QC who took his computer into work at the DPP only to lose his career when the tech found child pornography on it. It was a bizarre story, and of course there was a twist which has become clear from the disciplinary decision in Council of the NSW [...]

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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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In Legal Services Commissioner v SAC [2008] VCAT 576, a solicitor ignored the Bureau for over 6 months before the Bureau moved to prosecute him for non-compliance with the Commissioner's demands.  After the charge was laid but before it was heard, the solicitor provided an adequate response and apologised. Didn't do him any good though: [...]

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On Australia Day, I watched the 2002 film 'Black and White', about the Max Stuart case. I had picked up historian Ken Inglis's book on the case at a church fete the other month, thinking it was the kind of thing a young barrister should have in his chambers, and flicked through it at [...]

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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 Institute [...]

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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 [...]

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B (A Solicitor) v Victorian Lawyers RPA Ltd (2002) 6 VR 642 (Ormiston, Charles and Batt JJA)
The Law Institute corresponded with the solicitors in this matter between 1998 and October 2000. The CEO Ian Dunn, wrote what is known in the game as "a Murray letter" on 16 October 2000. That is a letter summarising [...]

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The New South Wales Law Society distinguishes itself amongst the Australian law societies with its in depth ethics resources. The Bar Association too is good in that regard in that state. Here is an excellent paper by R.R. Stitt QC and G.C. Lindsay SC entitled "Disciplinary Proceedings Affecting Barristers". It's a bit old now (June [...]

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Update, August 2006: the end of the saga is to reported at this post. 
Original post: In Victorian Bar v DAP (Nos. 1 to 4) (Bowman, Southall QC, Harper) [2006] VCAT 294, the Bar got itself into a tangle in the prosecution of a barrister for what sounds like the relatively minor offence of taking monies [...]

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Law Institute v KTBH [2006] VCAT 350 (Senior Member Howell)
There were separate disciplinary and negligence proceedings against the solicitor over the same facts. At the end of the disciplinary hearing, and on the basis of the prosecutrix's submissions, Mr Howell decided to determine the negligence case and get the whole thing over and done with. [...]

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