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

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Entries Tagged as 'Briginshaw'

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

VCAT finds practitioner guilty of conduct prejudicing administration of justice

April 2nd, 2016 · No Comments

I only learnt in the last few years that Melbourne is one of the world’s great Jewish cities, with a globally significant series of communities of orthodox adherents.  One of those orthodox communities has delivered up an interesting case.  In Victorian Legal Services Commissioner v AL [2016] VCAT 439, VCAT’s Acting President recently found a well known […]

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Tags: "disgraceful and dishonourable" · Briginshaw · common law · Discipline · duty to court · Evidence · litigation ethics · Misconduct · Rule of law · Vic Solis' Conduct Rules

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

Suburban solicitor tenders video of himself asking employee for sex 78 times in his own sexual harrassment case

March 28th, 2013 · No Comments

A solicitor somewhere in Melbourne’s suburbs failed in his defence of sexual harrassment claims and was ordered by VCAT’s President, Justice Garde, to pay his victim compensation of $100,000: GLS v PLP [2013] VCAT 221.  The solicitor described the complainant as a fantasist when she said that he asked her for sex in a most […]

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Tags: Briginshaw · Evidence · VCAT · VCAT Act

VCAT’s President, Justice Garde, lays out the law of the rule in Briginshaw v Briginshaw

March 28th, 2013 · No Comments

As I mention in this post, Justice Garde, VCAT’s new President, set out the law relating to the application in cases involving allegations of serious wrongdoing of the civil standard of proof helpfully and authoritatively in GLS v PLP [2012] VCAT 221: ‘The standard of proof This case concerns serious allegations levelled against Mr PLP, […]

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Tags: Briginshaw · Discipline · Evidence

New Zealand’s Briginshaw

September 22nd, 2010 · No Comments

Z v Dental Complaints Assessment Commission [2008] NZSC 55 is the subject of this post, as well as of this one and this one.  Set out in this post is the entirety of the three sets of reasons’ discussion of the appropriate standard of proof in disciplinary prosecutions, starting with those of the plurality (Blanchard, […]

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Tags: Briginshaw · Discipline · Evidence

Chief Justice Elias’s argument for criminal standard in disciplinary prosecutions

September 16th, 2010 · No Comments

In Z v Dental Complaints Assessment Committee [2008] NZSC 55, which I wr0te about in my last post, the Chief Justice of New Zealand, Dame Sian Elias, argued in a powerful dissent that the standard of proof required in disciplinary proceedings should be the criminal standard, as it is in England.  This is her argument, […]

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Tags: Briginshaw · Discipline · Evidence

Z v Dental Complaints Assessment Committee

September 14th, 2010 · No Comments

Z v Dental Complaints Assessment Committee [2008] NZSC 55 is an important case which considers in depth just how quasi-criminal professional discipline proceedings should be.  It is a decision of New Zealand’s Supreme Court, their equivalent of our High Court, now 6 years old.  It considers the disciplinary prosecution of a dentist, acquitted of sexually […]

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Tags: Briginshaw · Criminal liability · Discipline · doctors · Evidence

More on Briginshaw

April 21st, 2010 · 2 Comments

Quis Custodiet Ipsos Custodes has a useful post today about two matters of interest to this blog: how the rules of evidence apply in tribunals which are not bound by them, and the reminder in Briginshaw v Briginshaw (1938) 60 CLR 336 that the more serious the allegations, the more positively persuaded of them a […]

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Tags: Briginshaw · Discipline · Evidence