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

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Entries Tagged as 'Unqualified practice'

Unqualified costs consultants

November 10th, 2014 · No Comments

There has been another challenge to the legality of the work done by non-lawyer costs consultants.  It did not go anywhere because of deficiencies in the way the client (himself a lawyer) went about trying to prove in the Magistrates’ Court that the costs consultant in question (a struck off lawyer) had engaged in unqualified […]

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Tags: National Profession Uniform Law · Party party costs · Practising certificates · Professional fees and disbursements · Solicitor client bills of costs · Taxations · Unqualified practice

Dentist does worse on appeal to VCAT than before the Dental Practice Board

December 19th, 2008 · No Comments

In Von S v Dental Practice Board [2008] VCAT 2302, a dentist sought merits review in VCAT of a decision of the Dental Practice Board to suspend his registration for 3 months.  He had practised for two and a half months without being registered (a crime punishable by a maximum fine of $11,000), practised without […]

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Tags: appeals · Discipline · Insurance · Unqualified practice

NSW Law Society goes down and pays costs in unqualified practice case

November 19th, 2007 · No Comments

In The Law Society of New South Wales v Spring [2007] NSWSC 1273, the Supreme Court of NSW referred to one of the defendants as ‘Lolly Pops’.  Its principal was another defendant, Mr Spring.  He was a retail leases specialist and helped people with retail lease problems, and represented them in statutory tribunals where advocacy […]

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Tags: prosecutorial failures · Unqualified practice

Professional liability of in-house counsel: the US experience

July 25th, 2007 · No Comments

The New York Law Journal has an interesting piece about liability exposures of in-house counsel. All sounds a bit foreign to Australian ears, but maybe it won’t in a few years’ time. Here are two examples: SHAREHOLDER CLASS ACTIONS Several shareholder class actions were commenced against a financial institution alleging breach of fiduciary duties, violations […]

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Tags: Negligence · Unqualified practice

The standard of proof in unqualified practice cases

February 9th, 2007 · No Comments

In Orrong Strategies Pty Ltd v Village Roadshow Limited [2007] VSC 1, Habersberger J considered the burden of proof required in a civil case in which contravention of s. 314 of the Legal Practice Act, 1996 (Vic.) was alleged. That was a criminal provision, providing for imprisonment for up to 2 years, and to breach […]

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Tags: Unqualified practice

The law is specially jealous when it comes to will making

February 9th, 2007 · No Comments

Here’s an interesting report on a little American case which is illustrative of the special jealousy with which the law reserves to lawyers the making of wills, together with some interesting broader commentary on the whole question of the reservation of “legal work” to lawyers. An insurance salesman engaged in unqualified practice by helping a […]

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Tags: Unqualified practice

Solicitor refers costs dispute to VCAT’s legal practice list

December 22nd, 2006 · No Comments

In  Robert J Lawyers v Kirby [2006] VCAT 2609 A client complained about his solicitor’s fees. The Legal Services Commissioner was unable to  settle the costs dispute. The solicitor exercised his right to refer the matter to the Legal Practice List of VCAT. Unusual, but sensible, since the Legal Practice Act, 1996 empowers VCAT to […]

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Tags: costs disclosure defaults · costs disputes · Professional fees and disbursements · Uncategorized · Unqualified practice

Solicitor gets 4 months’ holiday for sharing receipts with unqualified conveyancer

December 16th, 2006 · No Comments

In Legal Services Commissioner v DLM [2006] LPT 13, the solicitor was ordered to pay the costs of the prosecution, publicly reprimanded, and had his practising certificate suspended for 4 months. He was guilty of sharing receipts from his law practice with an unqualified conveyancer. He agreed with a former colleague, not legally qualified, that […]

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Tags: Sharing receipts with non-lawyers · Uncategorized · Unqualified practice