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

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Entries Tagged as 'Suspension'

Applications to stay disciplinary decisions pending appeal

October 5th, 2016 · No Comments

I had to convince the Legal Services Commissioner to consent to a stay of orders suspending my client pending an appeal he has brought from VCAT the other day.  Happily the Commissioner consented.  For next time, I squirrel away this re-statement by the New South Wales Court of Appeal of the application to this class of […]

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Tags: appeals · Discipline · Legal writing · Suspension

Suspensions which are not suspensions and orders which are not orders

March 25th, 2015 · No Comments

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 […]

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Tags: amendment · common law · Discipline · Dishonesty · fraud · Legal Profession Act · Misconduct · Practising certificates · procedure · Suspension

New South Wales Law Society misconceivedly suspends sole practitioner’s PC peremptorily

November 5th, 2014 · No Comments

In Dennis v Council of the Law Society of New South Wales [2014] 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.  […]

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Tags: External administration · Legal Profession Act · Practising certificates · Professional regulation · regulators' duties · Suspension · Trust money · trust monies

Depressed serial non-responder not to practise on own account until 2013

October 21st, 2010 · No Comments

Update, 22 October 2010: To similar effect is Legal Services Commissioner v SJO [2010] VCAT 1686.  There, a depressed solicitor in her mid-60s with a string of previous disciplinary findings, was found to have engaged in professional misconduct in practising without a practising certificate.  The solicitor’s is a sorry tale: doctor husband developed psychosis for […]

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Tags: Discipline · mental illness · Misconduct · Suspension

NSW suspends corrupt lawyer after raid on home

September 27th, 2010 · No Comments

An ICAC enquiry resulted in a finding that a senior lawyer at NSW Maritime was corrupt following Operation Vargus: their report is here. That agency oversees marine safety and strategy in all things to do with the sea for the State Government.  Tonette Kelly was moonlighting, working a 100 client, $120,000 a year private conveyancing […]

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Tags: conflicts · duty and interest · Ethics · Suspension