Legal Services Board v DF  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 Justice Karin Emerton found that though Victoria’s repealed Legal Practice Act, 1996 implicitly prohibited the charging of uplift fees otherwise than upon a ‘successful outcome’ it was open to parties to provide […]
Entries Tagged as 'Legal Practice Act'
Victorian Supreme Court takes relaxed approach to conditions for validity of no-win no-fee costs agreements
Lodging a civil complaint with the Legal Services Commissioner limits you to compensation of $25,000 per complaint
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 […]
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 […]
Virgtel Ltd v Gadens Lawyers  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. […]
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 […]
Graymarshall Pty Ltd v Department of Environment, Climate Change & Water  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 […]
April 14th, 2010 · Enter your password to view comments.
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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 […]
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 […]
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, […]