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

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Entries Tagged as 'Legal Practice Act'

Victorian Supreme Court takes relaxed approach to conditions for validity of no-win no-fee costs agreements

June 25th, 2011 · No Comments

Legal Services Board v DF [2011] VSC 292 will be of considerable interest to those who draft and work within no-win no-fee retainers. Justice Karin Emerton found that though Victoria’s repealed Legal Practice Act, 1996 implicitly prohibited the charging of uplift fees otherwise than upon a ‘successful outcome’  it was open to parties to provide […]

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Tags: Costs agreements · Legal Practice Act · Legal Profession Act · No win no fee · Professional fees and disbursements

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

Costs disclosure obligations and consequences of not complying: part 1

December 20th, 2010 · No Comments

Here begins a series of posts on costs disclosure obligations under the Legal Profession Act, 2004, and the consequences of not complying with them.  It is a work in process, and I would be grateful for any experiences of this area of the law you might have, and any authorities of interest which I have […]

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Tags: costs disclosure defaults · costs disputes · Legal Practice Act · Legal Profession Act · Professional fees and disbursements

Is this the Legal Practice List’s biggest case?

October 9th, 2010 · No Comments

Virgtel Ltd v Gadens Lawyers [2010] VCAT 1584 might be VCAT’s Legal Practice List’s highest value case.  Not all that long ago in the scheme of things, I remember learning that VCAT had certain jurisdictions which were unlimited, and realising that — shock! — it might hear cases which the Magistrates’ Court could not hear.  […]

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Tags: Legal Practice Act · Legal Profession Act · Professional fees and disbursements · setting aside costs agreements · VCAT · VCAT Act

Disciplinary penalties for pre-2006 conduct

September 24th, 2010 · No Comments

There are still disciplinary cases coming through the system in respect of conduct which occurred before 12 December 2005, the date on which the Legal Profession Act, 2004 commenced.  Back in those days, the maximum fines the Legal Profession Tribunal could render under the Legal Practice Act, 1996 were $1,000 for unsatisfactory conduct and $5,000 […]

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Tags: Discipline · Legal Practice Act · Legal Profession Act · Legal Services Commissioner · Misconduct · Unsatisfactory conduct

Penalties privilege and the corporate interrogee

June 21st, 2010 · No Comments

Graymarshall Pty Ltd v Department of Environment, Climate Change & Water [2010] NSWLEC 54 is a decision of NSW’s Land and Environment Court about the application of the privilege against penalties (related to, but separate from, the privilege against self-incrimination). A regulator issued a notice compelling the production of information to a company. The statute […]

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Tags: Discipline · Evidence · Legal Practice Act · Legal Profession Act · Legal Services Commissioner · Penalties privilege

Protected: History of the Legal Profession Act, 2004 and Legal Profession Regulations, 2005

April 14th, 2010 · Enter your password to view comments.

There is no excerpt because this is a protected post.

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Tags: Legal Practice Act · Legal Profession Act · Uncategorized · VCAT Act

Informal service of lawyers’ bills

June 22nd, 2009 · 3 Comments

Recently, the County Court’s Practice Court accepted that where a client admitted having received a bill given by email, service in accordance with the Legal Practice Act, 1996 had been effected, so that various deadlines which are counted from that date then commenced to run.  That is so even though the commencement of the running […]

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Tags: Legal Practice Act · Legal Profession Act · Professional fees and disbursements

Links to the states’ and territories’ Legal Profession Acts

June 18th, 2009 · 4 Comments

What follows are links to the Acts which regulate lawyers in each state and territory, ordered by date of principal commencement, commencement details, and, where available, links to the predecessor Act.  South Australia is yet to catch up with the rest of Australia, stuck with its Legal Practitioners Act, 1981.  Everyone else has Acts in […]

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Tags: Legal Practice Act · Legal Profession Act

From when can solicitors claim interest on an unpaid bill?

June 7th, 2009 · No Comments

Under s. 95 the Legal Practice Act, 1996, interest was chargeable on bills of costs from the period from 30 days after payment is demanded until the bill is paid.  But what does it mean?  Does interest start to run 3o days after (i) the date of the bill, (ii) the day it was posted, […]

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Tags: Legal Practice Act · Legal Profession Act · Professional fees and disbursements · Solicitor client bills of costs