As with most years, no doubt scores of Victorian lawyers forgot to renew their practising certificates last year. For months, in some cases, this situation was allowed by the regulators to persist without intervention. In Victorian Bar Inc v GSL  VCAT 435 the VCAT, constituted by Judge Bowman, Peter Jopling QC, and Ms F […]
Entries Tagged as 'Practising certificates'
Does the Legal Services Board have the power retrospectively to excuse inadvertently practising briefly without a practising certificate?
Tags: Legal Profession Uniform Law · Legal Services Commissioner · Practising certificates · Professional fees and disbursements · Professional regulation · Retainers · Uniform Legal Services Council and Commissioner
Today is the end of the CPD year, and the last day of operation of the Victorian Bar’s Continuing Professional Development Rules 2008 in Victoria. They are hard to find now, but you can access them here. The Legal Profession Uniform Continuing Professional Development (Barristers) Rules 2015 were made on 26 May 2015 and commenced […]
Under the Legal Profession Act 2004, if a lawyer applied for renewal of their practising certificate prior to the expiry of the old one, but a decision was not made before the old one runs out, the certificate is extended until either it is renewed or a decision to refuse renewal is finally determined by […]
Tags: Civil Procedure Act 2010 (Vic) · Civil Procedure Acts · Ethics · Legal Profession Act · litigation ethics · Non-party costs orders · Party party costs · Practising certificates · Professional regulation · Proportionality · regulators' duties
My practice has had me thinking a lot recently about the professional discipline of the mentally ill. The legal profession has caught up with the medical profession by coming up with good policies which make clear that where mental illness can be managed in such a way as to protect clients and others to whom […]
VCAT’s latest decision to come to my attention, of Member Elizabeth Wentworth, involved another solicitor who did not lodge tax returns over an extended period. He was suspended from practice for 12 months, but the suspension was suspended provided he did not breach certain conditions in the three years after the orders. If he does, then […]
There has been another challenge to the legality of the work done by non-lawyer costs consultants. It did not go anywhere because of deficiencies in the way the client (himself a lawyer) went about trying to prove in the Magistrates’ Court that the costs consultant in question (a struck off lawyer) had engaged in unqualified […]
In Dennis v Council of the Law Society of New South Wales  NSWSC 1487, the Law Society suspended a sole practitioner’s practising certificate with immediate effect and appointed a manager to his practice. He had not responded to commands by a trust investigator to produce documents and answer questions in relation to a disciplinary complaint. […]
A decision of the Supreme Court is another lesson in the perils of self-representation. What started off as a failure to lodge income tax returns for a few years snowballed into a situation where the barrister’s intercourse with the judiciary and the Bar Association in relation to inquiries made by the Bar Association revealed him […]
Relatively recently, I posted on the question of whether a Bureau de Spank desiring to rely on a practitioner’s dishonesty or other form of conscious wrongdoing must expressly allege it in the charge, and discussed Walter v Council of Queensland Law Society Incorporated (1988) 77 ALR 228 at 234;  HCA 8. Now, in Legal […]
Tags: amendment · appeals · concurrent duties · conflicts · current client and past client · Discipline · duty and duty · Ethics · jurisdiction · Legal Profession Act · Legal Services Commissioner · Misconduct · natural justice · Practising certificates · procedure · Professional regulation · Striking off · Trust money · trust monies · wilful disregard for rules
I have previously posted about Justice Pagone’s rejection of the Law Institute’s blanket invocation of public interest immunity to excuse production of documents required for production under a statutory power of compulsion available to the Tax Man. Now his Honour has decided the case based on the kind of specific arguments he considered to be […]