In De Armas v Peters  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 […]
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?
In Kalloghlian v Chubb Insurance Company of Australia Ltd  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 […]
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, however, it may be narrower than many realise. And perhaps not everyone is aware that the […]
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
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 […]
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 […]
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 […]
In Von S v Dental Practice Board  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 […]
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 […]
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 […]