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

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Entries Tagged as 'Fair Trading Act'

Lodging a civil complaint with the Legal Services Commissioner limits you to compensation of $25,000 per complaint

January 25th, 2011 · No Comments

First of all, happy new year! The take-home point of this post is that if you lodge a civil complaint (e.g. a pecuniary loss dispute or a costs dispute) with the Legal Services Commissioner, you limit the amount of compensation you can get in VCAT to $25,000 because of s. 4.3.2(1)(c) of the Legal Profession […]

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Tags: costs disclosure defaults · costs disputes · Fair Trading Act · Legal Practice Act · Legal Profession Act · Legal Services Commissioner · Professional fees and disbursements · VCAT

60 days for referring pecuniary loss disputes to VCAT extendable

May 26th, 2009 · No Comments

I was reminded when reading Sibonna Nominees v R Legal [2009] VCAT 893 that the 60 day period after the Bureau de Spank gives a punter a ticket under s. 4.3.7 of the Legal Profession Act, 2004 to enter VCAT for adjudication of an unresolved civil complaint of the species ‘pecuniary loss dispute’ is extendable […]

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Tags: Fair Trading Act · Legal Profession Act · Negligence

Latest on whether solicitors engage in trade or commerce: part I

March 1st, 2009 · No Comments

Leong v J P Sesto & Co [2009] VCAT 99 is the latest in the on-again off-again saga of whether solicitors engage in trade or commerce, and, whether, if not, it means that VCAT does not have jurisdiction over claims involving them, and if so, which claims. Senior Member Vassie considered the question in the […]

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Tags: conflicts · defences · Fair Trading Act · Negligence

Is interest a form of relief VCAT can grant?

August 14th, 2008 · No Comments

In a long-wnded way, I tentatively suggest that, so long as the applicant has the sense to invoke s. 108 of the Fair Trading Act, 1999, then penalty interest is available under the Supreme Court Act, 1986, just like in the Supreme Court, so long as the dispute is a consumer-trader dispute. That is, a […]

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Tags: costs disputes · Fair Trading Act · Legal Profession Act · Professional fees and disbursements · Solicitor client bills of costs · VCAT · VCAT Act

VCAT’s Vice-Prez confirms lawyers do not engage in trade or commerce

May 31st, 2008 · No Comments

In Walsh v PJCC&A Pty [2008] VCAT 962, beneficiaries of an estate were critical of the testator’s lawyers before death. They became his executors after his death, and appointed the firm they worked for as their solicitors. The beneficiaries sued the firm, and its solicitor-executors for unconscionable conduct and misleading or deceptive conduct. Their beef […]

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Tags: Fair Trading Act · VCAT · Vic Solis' Conduct Rules

More cases

May 30th, 2008 · No Comments

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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Tags: autrefois acquit · Discipline · doctors · Fair Trading Act · Legal Services Commissioner · Litigation estoppels · procedure · prosecutorial failures · prosecutors' duties · regulators' duties

VCAT rewrites unrepresented man’s misconceived application

May 27th, 2008 · No Comments

Slobodan Catovic did not want to pay his solicitor’s bill. He misconceivedly invoked the Legal Profession Act, 2004 provision which allows clients to apply to set aside costs agreements, but that is not what he wanted to do. Senior Member Howell satisfied himself that Mr Catovic had intended to bring an application under the Fair […]

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Tags: Fair Trading Act · Legal Profession Act · Professional fees and disbursements · Solicitor client bills of costs · VCAT

Can lawyers sue and be sued under the Fair Trading Act, 1999?

March 28th, 2008 · No Comments

It is well established in VCAT that when doctors and lawyers engage in professional activities in the course of their retainers, e.g. by giving advice, interviewing witnesses, and representing clients, they do not engage in trade or commerce: see for example Stagliano v Duke [2007] VCAT 1070, which I posted about here. Most Fair Trading […]

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Tags: doctors · Fair Trading Act · VCAT

Sudden eruption of unconscionability amongst solicitors further documented

December 10th, 2007 · 2 Comments

Updated, 4 January 2008: See the underlined additions below (with thanks for the references to Jason Pizer’s book at p. 246). Original post: Now two unrepresented folk have managed to convince VCAT’s Legal Practice List’s Member Butcher in a Fair Trading Act, 1999 claim that yet another solicitor has been acting unconscionably towards his clients […]

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Tags: costs disclosure defaults · Fair Trading Act · Legal Profession Act · Professional fees and disbursements · VCAT

Legal Practice List guru to give VCAT seminar

November 6th, 2007 · No Comments

There’s a seminar coming up in exactly a week’s time at the Law Institute at which Alan Hebb is going to speak on disputes in VCAT’s Legal Practice List. He’s a good bloke and has more experience there than anyone else. He was very often briefed as Counsel Assisting the Tribunal, both at the Legal […]

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Tags: Fair Trading Act · Legal Profession Act · Negligence · VCAT · VCAT Act