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

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Entries Tagged as 'Rule of law'

News from Tibet

August 15th, 2016 · No Comments

For some reason the latest of many stories I keep up with from Tibet, where I have travelled, prompts me to share it with you.  Maybe it’s the contrast with the case of wrongfully convicted Steven Avery, the subject of ‘Making a Murderer’ (did you hear that Brendan Dassey’s conviction has just been overturned?).  Maybe […]

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Tags: Human rights and international law · Rule of law

VCAT finds practitioner guilty of conduct prejudicing administration of justice

April 2nd, 2016 · No Comments

I only learnt in the last few years that Melbourne is one of the world’s great Jewish cities, with a globally significant series of communities of orthodox adherents.  One of those orthodox communities has delivered up an interesting case.  In Victorian Legal Services Commissioner v AL [2016] VCAT 439, VCAT’s Acting President recently found a well known […]

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Tags: "disgraceful and dishonourable" · Briginshaw · common law · Discipline · duty to court · Evidence · litigation ethics · Misconduct · Rule of law · Vic Solis' Conduct Rules

Submissions on penalty in regulatory proceedings like ASIC and disciplinary prosecutions

June 8th, 2015 · No Comments

The Federal Court has given a landmark decision about regulatory prosecutions.  In federal jurisdictions and state jurisdictions which follow the new decision, professional disciplinarians like ASIC and Legal Services Commissioners will no longer be able to enter into plea bargains in the expectation that the court or tribunal hearing them will rubber stamp the agreed […]

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Tags: Criminal liability · Discipline · Legal Services Commissioner · Legal writing · Out of court settlements · procedure · Professional regulation · prosecutors' duties · regulators' duties · Rule of law

2014, not such a great year (beheadings, ebola, deforestation)

January 30th, 2015 · No Comments

Russia Back, after that long excursion (structure is for advices; meandering is for holiday blog posts), to aviation. In the middle of the year, 414 people died in plane crashes within a week when a Malaysian Airlines and an Air Algerie aircraft crashed in Ukraine (killing 27 Australians) and Mali respectively. The former was shot down […]

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Tags: Human rights and international law · Rule of law

2014: not such a great year (planes, boats, Sri Lanka)

January 20th, 2015 · No Comments

It felt like it was surely the worst year ever for plane crashes.  In fact, many more civilians used to die in aviation disasters each year for a long time, and the figures were even less dramatic when expressed as passenger deaths per million flights. 2014 was actually the year in which there were the […]

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Tags: Human rights and international law · Rule of law · Uncategorized

2014, not such a great year (intro)

January 19th, 2015 · No Comments

Welcome back then.  2014 was a lovely year in Melbourne, but damn was it an awful year in a lot of other places. Spectacular aviation disasters bookended and bisected the year.  In fact it was probably these disasters which got me off my holiday butt for the first time since 2007 to write a wrap […]

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Tags: Human rights and international law · Rule of law