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

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Entries Tagged as 'Judges'

Review of decisions to exclude lawyers from ASIC and NCA examinations

February 19th, 2009 · 2 Comments

This is a note about a decision by a judge who is only a year older than me, Justice Nye Perram, a novel and somewhat unsettling circumstance: Collard v Australian Securities & Investments Commission (No. 3) [2008] FCA 1681. I looked him up because the judgment is so beautifully written, and found a welcome in […]

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Tags: appeals · Discipline · Judges · Legal writing · regulators' duties

Calderbank offers

February 17th, 2009 · No Comments

Calderbank offers — those marked ‘without prejudice except as to costs’ — are one of those subjects which recur so often that single judge decisions are constantly coming out, but one never knows exactly which ones to read. They all say much the same thing, with an equal degree of fuziness, and the illusion is […]

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Tags: Judges · Negligence

On “cowardly”

July 25th, 2008 · 1 Comment

Stephen Witham (pictured) moved into Michael Flaherty’s flat. The relationship quickly soured when Witham assaulted Flaherty’s girlfriend, and stood over people for drugs and money. So Flaherty got some mates together, hit Witham about with baseball bats, hogtied him with ropes and cable ties, wrapped him in a doona, popped him in the boot, and […]

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Tags: Judges · Legal writing

Magistrate: ‘You fucked up big time’

May 21st, 2008 · 1 Comment

Update, 2 June 2008: When I was writing the original post, I badly wanted to link to this classic motion to dismiss a criminal charge against a kid who called his principal ‘a fucker, a fag, and a fucking fag’, but it seems it was one thing I did not take with me when I […]

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Tags: Judges

Never before, never again: Chief Justice of Norfolk Island gets a gig in the Victorian Court of Appeal

April 18th, 2008 · No Comments

Ok, so it’s the man better known as Justice Mark Weinberg of the Federal Court of Victoria, but damn is the man a judge of many courts at once. If I read Deakin University’s staff profile properly, his Honour is concurrently a judge of: the Federal Court; the Supreme Court of Norfolk Island (he sentenced […]

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Tags: Judges

An English legal ethics man in Miami

February 27th, 2008 · No Comments

My impression is that the legal ethics dialogue is highly developed in the United States. The extent to which people practice what is preached over there is something I have heard word about but can’t guess at too accurately. Maybe its lawyers are more prone to extreme badness and so the discussion has more to […]

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Tags: Judges · Law Blogs

Justice Kevin Bell appointed VCAT’s President

February 21st, 2008 · No Comments

I had heard the rumour a fair while ago from the most impeccable sources in VCAT and the Supreme Court that the Supreme Court’s Justice Bell was hot tip to take over from Judge Bowman as VCAT’s head. Now it’s confirmed. Frankly, though it would not be every lawyer’s cup of tea, it’s a great […]

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Tags: Judges · VCAT

2007 a review: law and war

January 1st, 2008 · 1 Comment

Happy new year, readers. 2007 was a big one for me, and it seems that lots of interesting things happened. So I made a list. The Bar: My senior mentor, Peter Riordan SC, was elected Chairman of the Bar Council. Peter Hayes QC died, and the Ethics Committee took Peter Faris to task for commenting […]

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Tags: Judges · Law Blogs · VCAT

Charter of Human Rights and the Victorian unrepresented litigant

October 30th, 2007 · No Comments

Clayton Utz’s Sally Shepherd has a good article about a recent decision of the Supreme Court of Victoria’s Justice Bell on judges’ duties to assist unrepresented litigants, and whether change is to be wrought on that front by the Charter of Human Rights and Responsibilities which will really start kicking next year. It is the […]

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Tags: Judges

Private prosecution of PM for treason leads to vexatious litigant status

October 18th, 2007 · 20 Comments

It took an awfully long time — almost 15,000 words — for Justice Hansen to state the bleeding obvious in Attorney-General for the State of Victoria v Shaw [2007] VSC 1148, but in the circumstances, I well understand why his Honour desired to appeal-proof his judgment. Mr Shaw, who as a newly annointed vexatious litigant, […]

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Tags: Abuse of process · Judges