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

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Entries Tagged as 'Judges'

Appeals from VCAT on the basis of inadequate reasons

April 19th, 2017 · No Comments

A failure to give reasons is an error of law.[1] Seriously inadequate reasons are corrosive of public confidence in the administration of justice and ought not to be tolerated by an appeal court, since justice must not only be done but be seen to be done. This is the first public policy informing the requirement […]

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Tags: appeals · Discipline · Judges · Legal writing · VCAT · VCAT Act

2016: not such a good year (part 2: deaths)

February 1st, 2017 · No Comments

The Hon. Alan Goldberg AO, QC, portrait by Jacqueline Mitelman Lots of unfamous people died horrible deaths last year: see part 1, and more to come. But more than the average number of famous pulses seemed to flatline in 2016. The grim reaper took a few big scalps prematurely: Max Walker at 68, David Bowie at 69, Prince at […]

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Tags: Human rights and international law · Judges

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

Solicitor’s correspondence with judge telling him how immature his conduct was doesn’t go down well in disciplinary tribunal

April 9th, 2016 · No Comments

Update, 5 October 2016: this decision is under appeal.  See this post. Original post: In Council of the Law Society of NSW v MAG [2016] NSWCATOD 40, a Sydney solicitor was disciplined for writing a private letter of complaint to a Federal Court judge the day after a decision was handed down, adversely to his client in […]

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Tags: common law · Discipline · Ethics · Judges · litigation ethics · Misconduct

WA solicitor’s unilateral communication with judge’s associate was professional misconduct

May 7th, 2012 · 1 Comment

It may be professional misconduct for a party’s lawyer to communicate with the judge’s associate (or, of course, the judge) without her opponent’s consent if the purpose of the communication is to influence the conduct or outcome of the case: Legal Profession Complaints Committee v NKC [2012] WASAT 77 at [147] et seq.  In this […]

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Tags: Ethics · Judges · litigation ethics

Another reason not to unilaterally communicate with the Court

March 17th, 2011 · No Comments

Unilateral communication with a judge’s associate is a dangerous practice.  Unless it relates purely to procedural matters (and who knows exactly what the limits of that are), any communication with the Court, especially with a judge’s associate should be copied to the other side, or the other side should immediately be informed of it.  In […]

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Tags: duty to court · Ethics · Judges · litigation ethics

Lord Bingham and Afua Hirsch

September 20th, 2010 · 1 Comment

The rather beautiful English blogger, Afua Hirsch, at once a barrister and a Guardian correspondent, has posted a beautifully written obituary to Lord Bingham, pictured.  It is definitely a blog post, rather than something more formal belonging to the print version of a newspaper, and it is a fine example of its form, like much […]

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Tags: Judges · Law Blogs · Legal writing

Lady litigant seeks costs order against trial judge

August 3rd, 2010 · No Comments

Herewith an extract from von Reisner v Commonwealth of Australia (No 2) [2009] FCAFC 172: ‘1 Ms von Reisner was successful before us in an appeal against an order made on 31 March 2009 that she not be able to commence any proceedings in this Court without prior leave of the Court: see (2009) 177 FCR 531. […]

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Tags: Judges

VCAT’s Judge Ross appointed to the Supreme Court

November 20th, 2009 · No Comments

Judge Iain Ross, who was the head honcho of VCAT’s Legal Practice List, and the Tribunal’s Vice-President, has been appointed to the Supreme Court, presumably taking up the spot left behind by a good and honourable man and quiet champion of human rights, Justice David Harper, who has been appointed to the Court of Appeal.  […]

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Tags: Judges · VCAT

Ombudsman carries out own-motion investigation of Legal Services Commissioner

September 22nd, 2009 · 3 Comments

A former client of mine, dissatisfied with the adverse outcome in a complaint he lodged making serious allegations against a senior member of the profession has tipped me off to an own motion investigation conducted into the Bureau de Spank by the Victorian Ombudsman.  The results, reproduced below, will not assist morale at the Bureau […]

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Tags: Client Legal Privilege · Discipline · Judges · Legal Profession Act · Legal Services Commissioner · Professional regulation