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

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Entries Tagged as 'pro bono'

The Civil Procedure Act’s overarching obligation to keep costs proportionate

April 20th, 2017 · No Comments

The Civil Procedure Act 2010 applies to proceedings in the Magistrates’ Court, County Court, and Supreme Court but not federal courts or VCAT. Its overarching purpose is to ‘facilitate the just, efficient, timely and costs effective resolution of the real issues in dispute’: s. 7.

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Tags: Civil Procedure Act 2010 (Vic) · civil-disciplinary interplay · Discipline · Ethics · litigation ethics · Party party costs · pro bono · Professional fees and disbursements · Proportionality · Wasted costs

What does ‘pro bono’ mean? Are ‘semi-pro bono’ costs agreements legally efficacious?

April 29th, 2014 · No Comments

Hidden away in Trkulja v Efron [2014] VSCA 76, at footnote 49, is a little dictum of the Chief Justice and Justice of Appeal Santamaria which explains their Honours’ understanding of the term ‘pro bono’: ‘In current legal practice, the expression ‘pro bono basis’ is understood to refer to the basis where a practitioner offers […]

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Tags: Costs agreements · No win no fee · Party party costs · pro bono · Professional fees and disbursements

Lentil as Anything Needs a Lawyer: anyone?

July 17th, 2011 · No Comments

Friends, no doubt many of you have eaten at Lentil as Anything, the several restaurants where the cost of the meal, if anything, is determined by the diner.  Their founder, Shanaka Fernando, travelled to Australia from his native Sri Lanka to study law, but — smart enough to get in, and smart enough to get […]

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Tags: pro bono

Confidentiality (-not) of disciplinary determinations

May 21st, 2009 · 3 Comments

The Times has an article about a solicitor on the Board of the English legal regulator and former president of the Law Society who, rather embarrassingly, had a conflict of interest determination go against him after a disciplinary investigation.  The solicitor acted pro bono for a barrister who was being sued by an Exxon subsidiary.  […]

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Tags: Discipline · duties of confidentiality · pro bono

Unrepresented David’s bank obliteration results in judicial call for ‘The Castle’ sequel

December 16th, 2008 · 2 Comments

I staved off a bank’s applications for summary judgment for possession last year, and maintain the battle.  I will not say victory flowed from my argument that the evidence which purported to establish the incorporation of one of Australia’s largest banks was inadmissible, but I did make that argument, and a perfectly valid one it […]

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Tags: pro bono

Pro bono in Victoria; McLelland to copy Hulls’s carrot theory

February 24th, 2008 · 2 Comments

The Age‘s Julie Szego has written a substantial article in The Age about barristers and pro bono in Victoria. It arises out of Fiona McLeod SC volunteering her time to represent the Blue Wedges coalition which is opposing the Port of Melbourne’s channel deepening project. The Victorian Bar’s pro bono scheme, administered by Victoria’s cutting-edge […]

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Tags: pro bono