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

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Entries Tagged as '“professional negligence”'

A defendant seeking in Victoria to join a concurrent wrongdoer need not establish a prima facie case by evidence

July 7th, 2016 · No Comments

Here is a link to a presentation by Ross Macaw QC on proportionate liability.  It is produced by benchTV, an enhancement to the long-excellent new case notification service, Benchmark, provided by AR Connoly & Co in Sydney.  Mr Macaw considers Justice John Dixon’s beautifully written judgment in Fabfloor (Vic) Pty Ltd v BNY Trust Company of […]

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Tags: "professional negligence" · defences · Negligence · Proportionate Liability

Costs of a solicitor’s negligence claim which bombed only on causation; costs of the successful solicitor’s unsuccessful proportionate liability defence

July 23rd, 2014 · No Comments

In King v Benecke [2014] NSWSC 957, Mr King alleged that his solicitor was negligent.  The solicitor denied everything and lost on all but one issue, namely causation, with the result that the solicitor got judgment and Mr King only Pyrrhic victories. Mr King argued he should not have to pay all of the solicitor’s costs.  Rather, he argued, […]

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Tags: "professional negligence" · Causation · Negligence · Party party costs

Solicitor’s duty of care to the non-client: the law summarised

October 1st, 2013 · No Comments

In Carey v Freehills [2013] FCA 954, the firm prevailed. Justice Kenny helpfully summarised the law in relation to the circumstances in which a solicitor will be found to have a duty of care to a person who has not retained him or her:

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Tags: "professional negligence" · Duties to third parties · Negligence · Retainers

VCAT cancels bill and leaves solicitor wholly unremunerated for sloppy work

March 4th, 2008 · 6 Comments

Praag v W & T Lawyers [2008] VCAT 307 was a rare thing: a case in VCAT’s Legal Practice List actually prosecuted pursuant to the Legal Profession Act, 2004. Mr Praag was his late mother’s executor. Before her death, she lived in Canberra. Her assets were a house in Canberra and $50,000 cash. Mr Praag […]

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Tags: "professional negligence" · costs disclosure defaults · Legal Profession Act · Professional fees and disbursements · Solicitor client bills of costs

Roisin Annesley’s Victorian Barristers’ practice guide

October 29th, 2006 · No Comments

The Bar has produced a practice guide. It is a great achievement and stands as a beacon for the Law Institute’s future efforts at promulgating knowledge of the practice rules. The Bar actually has something called the Professional Standards Education Committee. Written by Roisin Annesley, it was launched by Victoria Marles, the Legal Services Commissioner […]

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Tags: "professional negligence" · Book reviews · concurrent duties · conflicts · costs disclosure defaults · costs disputes · current client and past client · Discipline · duties of confidentiality · duties regarding witnesses · duty and duty · duty and interest · duty to court · Ethics · interest of associate · Legal Profession Act · litigation ethics · Negligence · No win no fee · procedure · Professional fees and disbursements · Retainers · setting aside costs agreements