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

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Entries Tagged as 'Penalties privilege'

Legal Services Commissioner seeks to overturn privilege against penalties

April 7th, 2015 · 1 Comment

There is an old and well established privilege, the privilege against penalties, which is a relative of the privilege against self-incrimination.  It entitles solicitors facing disciplinary prosecution to stay silent throughout the proceedings until the end of the Commissioner’s case unless the Tribunal makes an order requiring provision of written grounds and an outline of […]

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Tags: Discipline · doctors · duty to court · Evidence · Legal Profession Act · Legal Services Commissioner · litigation ethics · natural justice · Penalties privilege · procedure · prosecutors' duties

Jones v Dunkel inferences in disciplinary hearings

May 12th, 2011 · No Comments

In Council of the Law Society of NSW v Clapin [2011] NSWADT 83, NSW’s Bureau de Spank rejected a submission based on Jones v Dunkel which the Law Society said should be drawn against the solicitor, who did not give evidence: In dealing in this way with the question whether the Solicitor violated the statutory […]

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Tags: Discipline · Evidence · Penalties privilege · 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

Penalties privilege and the corporate interrogee

June 21st, 2010 · No Comments

Graymarshall Pty Ltd v Department of Environment, Climate Change & Water [2010] NSWLEC 54 is a decision of NSW’s Land and Environment Court about the application of the privilege against penalties (related to, but separate from, the privilege against self-incrimination). A regulator issued a notice compelling the production of information to a company. The statute […]

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Tags: Discipline · Evidence · Legal Practice Act · Legal Profession Act · Legal Services Commissioner · Penalties privilege