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

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Entries Tagged as 'Penalties privilege'

Jones v Dunkel inferences in disciplinary hearings

May 12th, 2011 · No Comments

Tweet 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 [...]

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Tags: Discipline · Evidence · Penalties privilege · procedure

New cases

August 14th, 2010 · No Comments

Tweet 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 [...]

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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

Tweet 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 [...]

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