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

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Entries Tagged as 'Uncategorized'

For sale: evidence texts

May 26th, 2010 · No Comments

I want to sell this text, the current edition published in 2009, for $100 including postage within Australia, or $95 picked up from my chambers.  It sells at the Law Institute Library for $130.50.  I bought this one and then they put out a Victorian edition the purchase of which I hope to fund by [...]

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‘Aggravated homosexuality’ to be punishable by death

February 26th, 2010 · No Comments

Here is a link to Uganda’s Anti-Homosexuality Bill, 2009. It is proposed that: men who have sex with other men ‘serially’ are to ‘suffer death’; it would be a crime to rent a house to a gay; a woman who touches another woman with a view to seducing her will suffer life imprisonment; and speech [...]

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Twenty-seven year old proceeding dismissed for want of prosecution

February 10th, 2010 · No Comments

Do things move slowly in Western Australia?  I wrote about an estate matter which went on and on and on here.  Now a twenty-seven year old proceeding, which came to have as one of its defendants a famous QC has been dismissed for want of prosecution and the decision confirmed on appeal: Smith v Bank [...]

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Is there a principle of construction presuming simple interest in the absence of specification?

February 4th, 2010 · No Comments

Several times I have wondered, in my short career so far, whether a loan or other commercial agreement which provides for interest at a particular rate should be construed as providing for simple or compound interest.  My presumption has been that such a provision would be interpreted to provide for simple interest unless compound interest [...]

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Richard Ackland’s 2009 wrap-up

December 15th, 2009 · No Comments

Richard Ackland has reminisced about the 2009 indicia of the law’s assiness, and it’s worth a read.  Rich pickings: the artist formerly known as Justice Einfeld, Carmen Randazzo QC2B?, Anal Sheik etc. etc. none of which have been covered on these pages.  It almost tempts me to reintroduce ’200#; law and war’, last seen in [...]

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Why Ethiopia?

September 20th, 2009 · No Comments

(Thanks to A. Davey for the image.) I’m off to Ethiopia on Friday.  I have long wanted to go.  I am hopelessly attracted to the exotic. I arrived in Timbuktoo on a small boat carrying cement up the Niger River and went off into the Sahara with an indigo-robed Tuareg and a camel, I rode [...]

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Interrogatories

September 14th, 2009 · No Comments

Interrogatories are powerful.  They are also out of fashion, partly because no party interrogated ever answers them properly, occasioning a post-discovery hiatus when a trial might otherwise be set down.  In the Supreme Court, you get 42 days to answer. Then compelling proper answers takes weeks more, and suddenly a great deal of time has [...]

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Useful stuff from Dr Manhattan

July 26th, 2009 · No Comments

Melbourne lawyer Dr Manhattan writes Quis Quistodiet Ipsos Custodes.  The Doctor has been generating useful stuff recently.  See ‘English Reports Available Online‘, which tells you how to find the English Reports up until 1873 online, ‘New Evidence Text Released‘, which has links to numerous resources on the uniform evidence legislation set to become law in [...]

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Legal Aid’s refusal to accept late application for panel quashed

July 23rd, 2009 · No Comments

Victoria Legal Aid has a panel of solicitors to whom it refers indictable criminal matters.  A firm of solicitors had been on it for a while, then missed a deadline for applications for renewal. VLA had emailed the firm’s general email address, and the inexperienced receptionist (or former receptionist, for all I know…) had neglected [...]

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Inferences from non-response to assertions in correspondence received by you

July 12th, 2009 · No Comments

I have never before seen written down any law which explains what use may be made of the fact that you sent a letter to someone containing allegations which are not denied by a letter in response.  It is quite common to see lawyers’ letters which say ‘We note for the record that we do [...]

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