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

The Australian Professional Liability Blog random header image

Entries Tagged as 'two bites at the cherry'

2nd edition of Professional Liability in Australia reviewed

October 18th, 2007 · No Comments

I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser‘s excellent Professional Liability in Australia, published by Thomson, and had been waiting for the new edition with interest. I got myself a copy the other day. It’s good, and there are substantial additions since the first […]

[Read more →]

Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · conflicts · defences · Discipline · doctors · duties of confidentiality · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · legal professional privilege · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · two bites at the cherry · Uncategorized · Wasted costs

Res judicata: VCAT strikes out case previously decided by Legal Profession Tribunal

November 27th, 2006 · No Comments

Wells’s Case [2006] VCAT 2370 (Senior Member Howell, 16 November 2006) I have always thought I was the only person in the world who held the view that an unsuccessful claimant in the Legal Profession Tribunal was not allowed, despite s. 133(2) of the Legal Practice Act, 1996 to have a second go in the […]

[Read more →]

Tags: defences · Fair Trading Act · Legal Practice Act · Negligence · two bites at the cherry · VCAT Act

Mr Howell releases Client from implied undertaking as to documents

November 13th, 2006 · No Comments

Alessi’s Case is a long-running application to set aside a costs agreement commenced in the Legal Profession Tribunal in 2003. The Alessis succeeded in having their solicitor’s costs agreement cancelled and two bills set aside in [2005] VLPT 18. The latest decision — [2006] VCAT 149  is just a little one about an application by […]

[Read more →]

Tags: litigation ethics · Negligence · two bites at the cherry

Open offer under cover of denial of negligence averts hearing

May 5th, 2006 · 1 Comment

Chen’s Case [2006] VCAT 748 (Senior Member Howell): costs; s. 132(b); s. 133(2); s. 407 (see the associated disciplinary decision here) A solicitor averted being found negligent by openly offering to pay the claimant the maximum amount VCAT could award under cover of a denial of negligence. Mr Howell found that it would not be […]

[Read more →]

Tags: costs · Legal Practice Act · Negligence · two bites at the cherry