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

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Entries Tagged as 'Uncategorized'

2016: Not Such a Good Year (Part 5: The Election to Get Rid of the Pesky Cross-bench)

February 21st, 2017 · No Comments

Australian election Yes, it was also an election year. It was a perfectly orderly festival of democracy in which people got who they voted for with little corruption and a retreat from the two party duopoly to spice things up a bit.  I do not mean by including a report of the election to suggest […]

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Lawchestra’s next concert

May 18th, 2016 · No Comments

It’s Law Week.  And a key event is a grand Bottled Snail event  — ‘Terminus’ — combining the forces of Dan Walker’s Habeas Chorus, a choir of members of the legal profession, and Robert Dora‘s Melbourne Lawyers’ Orchestra, aka The Lawchestra, full of law students, barristers, solicitors, and a judge. It features, not very prominently […]

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When can lawyers contract out of taxation (part 3)

December 10th, 2015 · No Comments

This is part 3 of a post about the circumstances in which lawyers can avoid having their fees taxed.  Parts 1 and 2 are here and here.  In GLS v Goodman Group Pty Ltd [2015] VSC 627, Macaulay J held that an accord and satisfaction which was found to have been made in relation to fees […]

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Tags: Costs agreements · costs disclosure defaults · Professional fees and disbursements · Taxations · Uncategorized

When can lawyers contract out of taxation? (part 2)

December 9th, 2015 · No Comments

This is part 2 of a post about in what circumstances lawyers can avoid having their fees scrutinised by the Supreme Court by the process traditionally known as ‘taxation’, but more recently also described in statutes as ‘costs review’ and ‘costs assessment’.  Part 1 is here. First, a disclosure: I argued Beba at first instance, for […]

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Tags: Costs agreements · Legal Profession Act · Professional fees and disbursements · Taxations · Uncategorized

Wilson Security Guard says Wilson Security was waterboarding refugees on Nauru

August 28th, 2015 · No Comments

I expressed my disgust in this post that the CIA set up secret dungeons in, for example, the outskirts of Bangkok, and then tortured people to death in joint ventures with dictators, lied about it, liaised with Hollywood in the making of a propaganda movie suggesting (falsely) that Bin Laden’s extra-judicial execution was possible only […]

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Lawchestra’s third concert: an afternoon at the opera; Robert Dora’s Symphony to an ANZAC

April 23rd, 2015 · No Comments

The Lawchestra is holding its third major concert.  To recap, we played a symphony and some other straight orchestral pieces in the first, and nailed it.  Then we played an ambitious programme centred on a beautiful performance of Rachmaninov’s second piano concerto by Natasha Lin.  Now, we’ve teamed up with the Opera Studio of Melbourne, […]

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2014: not such a great year (offshore imprisonment of people who are not alleged to have done anything wrong, far away from journalists and Human Rights Commissioners)

January 22nd, 2015 · 2 Comments

I have already covered the 2014 exploits of the Minister for Making Refugees Disappear vis-a-vis, especially, the poor Tamils. As I write, dreadful scenes are playing out in one of the regional Australian centres for the infliction of misery where we imprison people without the slightest involvement of the judiciary who have done not the […]

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Tags: Human rights and international law · Uncategorized

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

National Costs Lawyers’ Conference: you’re invited

February 10th, 2014 · No Comments

I’m speaking on Friday at the National Costs Lawyers Conference in Melbourne.  My topic is the civil and disciplinary consequences of making serious allegations without an adequate factual foundation.  Obviously, some of those consequences include costs orders.  The Civil Procedure Act 2010 (Vic) takes things further than the obligations imposed on lawyers previously and provides […]

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NSWSC summarises advocates’ immunity in one paragraph

October 18th, 2013 · No Comments

In Attwells v Jackson Lalic Lawyers Pty Ltd [2013] NSWSC 1510, a judge of NSW’s Supreme Court decided to summarise the law of advocates’ immunity in one paragraph: An advocate cannot be sued by his or her client for negligence in the conduct of a case, or for work performed out of court that is intimately […]

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