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

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Entries Tagged as 'Insurance'

Does a subrogated claim give rise to a general res judicata if an insured’s loss is partly insured and partly uninsured?

September 5th, 2016 · No Comments

In De Armas v Peters [2015] NSWSC 1050, the Supreme Court of NSW declined to grant leave to appeal from a decision of the Local Court.  The Local Court had allowed a man to sue for the cost of repairs to his car, even though he had previously sued her for car hire costs he incurred while […]

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Tags: Abuse of process · Civil Procedure Act 2010 (Vic) · Insurance · Legal writing · Litigation estoppels · Negligence

Proving a loss for insurance purposes; inadequacy of reasons as an appeal ground

July 5th, 2016 · No Comments

In Kalloghlian v Chubb Insurance Company of Australia Ltd [2016] NSWSC 902 (the Court’s summary is here), a man said he purchased a Rolex in Syria in 2005.  He insured his things with Chubb against loss anywhere in the world.  The policy was described as ‘Deluxe’.  It specifically insured items  which the insured owned as well as things he […]

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Tags: Insurance · Judges · Legal writing

Advocates’ immunity: at once more powerful and narrower than most yet understand

June 23rd, 2016 · No Comments

Advocates’ immunity was, until recently, more powerful than many lawyers were aware. Since the 1 July 2015 introduction of the Legal Profession Uniform Law and the High Court’s May 2016 decision in Attwells v Jackson Lallic Lawyers Pty Limited,[1] however, it may be narrower than many realise. And perhaps not everyone is aware that the […]

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Tags: Advocates' Immunity · Barristers' immunity · Civil Procedure Act 2010 (Vic) · Costs Court · Discipline · Insurance · Legal Profession Uniform Law · Legal Services Commissioner · National Profession Uniform Law · negligence as disciplinary breach · Professional fees and disbursements · Taxations · The suit for fees · Wasted costs

Disciplinary costs insurance unavailable to solicitors, for now

July 12th, 2013 · 2 Comments

Readers of my last post but one would be forgiven for thinking that the cover for costs of disciplinary investigation and prosecution referred to is available to Victorian solicitors as well as for Victorian barristers.  Turns out it is not, for the time being.  Doctors and solicitors are different in that regard.  It would be […]

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Tags: Discipline · Insurance

Insurance cover for disciplinary investigations and prosecutions

April 29th, 2013 · No Comments

In the financial year ending 30 June 2012, the Legal Services Commissioner in Victoria received 1,982 new complaints following 5,316 enquiries. When representing lawyers in disciplinary investigations and prosecutions, my fees generally come out of their own pockets. I have seen lawyers bankrupted by disciplinary prosecutions and others who have left practice and sought psychiatric […]

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Tags: Discipline · Insurance

AR Conolly & Company’s Benchmark digest

July 13th, 2009 · No Comments

To blog, you have to be able to write, type, and learn a new programme (WordPress in my case) but there is really only one trick to blogging, and that is finding what to write about efficiently.  I rely on various sources, most of which I will keep under my hat, but the best is […]

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Tags: Insurance · Legal writing · Negligence

Dentist does worse on appeal to VCAT than before the Dental Practice Board

December 19th, 2008 · No Comments

In Von S v Dental Practice Board [2008] VCAT 2302, a dentist sought merits review in VCAT of a decision of the Dental Practice Board to suspend his registration for 3 months.  He had practised for two and a half months without being registered (a crime punishable by a maximum fine of $11,000), practised without […]

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Tags: appeals · Discipline · Insurance · Unqualified practice

Ian Enright’s Professional Indemnity Insurance Law

December 13th, 2008 · No Comments

I have a bad habit of buying books which cost several hundred dollars each and get overtaken by new editions after a couple of years. I am yet to experience the pain of an expensive text I have bought going into a new edition though, so nascent is my career as a barrister.  About this […]

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Tags: Book reviews · doctors · Insurance · Legal writing

Appeal succeeds in Lawcover indemnity dispute with entrepeneurial solicitor

November 28th, 2007 · No Comments

I posted about Swart v Carr here and here.  It is a decision about whether a solicitor’s liability for certain entrepeneurial activities undertaken by him ‘was incurred “in connection with” “the business of practising as a solicitor”.  The trial judge answered affirmatively.  Now Justice Palmer’s decision has been reversed by the New South Wales Court […]

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Tags: Insurance