ZG-W v CCW (a firm) (2007) VSC 235 is the latest in the saga of the Legal Practice Board's practising certificate cancellation of Melbourne's best known female criminal lawyer. She has succeeded in having the Board's lawyers enjoined from acting further for the Board on the relatively rare basis that it would bring the administration [...]

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The Ombudsman has been looking into the performance of a regulator, MARA, the Migration Agents Registration Authority. He was critical. His press release is here, the full report here. Reproduced below are the bits about impartiality and the avoidance of conflicts of duties 'in the case where an industry representative body is also the regulatory [...]

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VCAT's Acting President Judge Bowman today handed down a long and important decision in relation to the relationship between alleged failures to follow the procedures for investigating complaints against professionals laid down by legislation and the jurisdiction of the disciplinary tribunal to hear charges laid as a result of such investigations. After eight months' thought, [...]

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An elder statesman of Victoria's professional discipline community quietly observed to me the other day that Victoria's Legal Services Commissioner, Victoria Marles, is yet to lay a disciplinary charge before VCAT. That's an average of none per month over the 16 months her office has existed. In view of the fact that she is required [...]

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The unsuccessful complaint to the Legal Ombudsman, referred by her to the Victorian Bar, took more than 5 months to complete. Then the Law Institute complaint went on for about 2 months. The Legal Profession Tribunal made a decision 10 months later, the Full Legal Profession Tribunal 3 months later again. The Court of Appeal [...]

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Update: 17 January 2008 VCAT has re-heard this case, and has made different findings of fact from some of those recounted below. See He v  A & Co Pty Ltd [2008] VCAT 3.
Original post
(This is part 2 of the post about He v A & Co Pty Ltd [2006] VSCA 150; [2006] VSCA 235. Part [...]

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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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B (A Solicitor) v Victorian Lawyers RPA Ltd (2002) 6 VR 642 (Ormiston, Charles and Batt JJA)
The Law Institute of Victoria Limited used to be named Victorian Lawyers RPA Ltd. It, and the Victorian Bar, were the only two RPAs (Recognised Professional Associations) set up under the Legal Practice Act, 1996, which allowed for an [...]

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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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New South Wales Bar Association v LI (No 2) [2006] NSWADT 263
Some of the allegedly agro behaviour of a now-78-year-old barrister at an arbitration which commenced on 19 December 1999 was not appreciated and resulted in a disciplinary complaint in May 2000. In mid-2003, a charge was finally laid by the NSW Bar Association. [...]

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