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

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Entries Tagged as 'Practising certificates'

The right to silence in disciplinary and striking off hearings

August 31st, 2008 · No Comments

I have previously posted about the QC who took his computer into work at the DPP only to lose his career when the tech found child pornography on it. It was a bizarre story, and of course there was a twist which has become clear from the disciplinary decision in Council of the NSW [...]

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Tags: Criminal liability · Misconduct · Practising certificates · Striking off · procedure · prosecutors' duties

Zarah wins

July 29th, 2008 · No Comments

Ms Garde-Wilson's back in business. In fact she never went out of business, since following the non-renewal of her practising certificate, she held a deemed practising certificate pursuant to the Legal Profession Act, 2004, s. 2.4.5(3) pending her VCAT merits review application. The assertion that she had ceased to be a fit and [...]

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Tags: Criminal liability · Practising certificates · Professional regulation · regulators' duties

Law Institute seeks 50 year ban for 62 year old solicitor

July 11th, 2008 · No Comments

In Law Institute of Victoria v DSS [2008] VCAT 1179, the Institute sought in a misconduct prosecution an order that the solicitor not be allowed to handle trust monies for 50 years. Vice President Judge Ross described the submission as 'somewhat excessive'.
The solicitor had stolen $75,000 from his clients and out of his trust [...]

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Tags: "disgraceful and dishonourable" · Criminal liability · Discipline · Misconduct · Practising certificates · Striking off · common law · costs · mental illness · procedure · prosecutorial failures · trust monies

Lawyer to gangland figures not guilty of alleged crimes

June 12th, 2008 · No Comments

The Crown entered a nolle prosequi on Tuesday on the charges of giving false evidence against Melbourne's best known female criminal lawyer, Z G-W. In other words, they dropped the charges before trial for want of a reasonable prospect of conviction. The key witness was unable to remember crucial evidence which the Crown [...]

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Tags: Admission · Criminal liability · Practising certificates · prosecutorial failures

Barristers never used to need practising certificates

June 4th, 2008 · No Comments

Justice Fullagar narrated the history of practising certificates and barristers in Victorian Lawyers RPA Limited v Henderson [1999] VLPT 13:
'For brevity we shall refer collectively to the succession of statutes governing legal practice in Victoria from the time of the Royal Assent to the Legal Profession Practice Act 1958 until the present day as the [...]

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Tags: Admission · Practising certificates