I wrote about the test case on the application of penalties privilege to disciplinary prosecutions of solicitors brought by the Legal Services Commissioner here. Now the Commissioner has made another novel application in the same case, which usefully provides some law on the appropriateness of prosecution applications for summary judgment in disciplinary prosecutions (Legal Services […]
Entries Tagged as 'VCAT Act'
I have been banging on about the privilege against penalties for a long time. VCAT used routinely to require respondents in disciplinary proceedings to submit witness statements prior to the final hearing. Then the Court of Appeal admonished it for doing so in Towie v Medical Practitioners Board of Victoria  VSCA 157. (That case stands for […]
Suburban solicitor tenders video of himself asking employee for sex 78 times in his own sexual harrassment case
A solicitor somewhere in Melbourne’s suburbs failed in his defence of sexual harrassment claims and was ordered by VCAT’s President, Justice Garde, to pay his victim compensation of $100,000: GLS v PLP  VCAT 221. The solicitor described the complainant as a fantasist when she said that he asked her for sex in a most […]
Justice Sifris banned palm tree justice in VCAT in a mercifully concise judgment: Christ Church Grammar School v Bosnich  VSC 476, overturning President Morris’s decision in Law v MCI Technologies Pty Ltd  VCAT 415, which was against the tide of NSW authorities. Peter Riordan SC led Will Alstergren for the School. As the […]
Virgtel Ltd v Gadens Lawyers  VCAT 1584 might be VCAT’s Legal Practice List’s highest value case. Not all that long ago in the scheme of things, I remember learning that VCAT had certain jurisdictions which were unlimited, and realising that — shock! — it might hear cases which the Magistrates’ Court could not hear. […]
In Osland v Secretary to the Department of Justice  HCA 24, Chief Justice French, and Justices Gummow and Bell said: ‘The jurisdiction and powers of the Court of Appeal 17. It is necessary to refer to the nature of the jurisdiction and powers of the Court of Appeal in an appeal from an order […]
In Seachange Management Pty Ltd v Madgwicks,  VCAT 599, Senior Member Vassie decided that solicitors who allegedly falsely wrote to the Registrar of Titles advising that proceedings had been instituted to substantiate the claim of their client, a caveator, did not engage in trade and commerce even if the conduct was misleading and deceptive:
Tags: VCAT Act
In Gluyas v Google Inc  VCAT 540, an Australian blogger sued Google in VCAT. Google Inc is an American company. VCAT struck out the suit on another basis, but indicated that there are no provisions for the service of VCAT applications on persons outside Australia, unlike in the Supreme Court, so that VCAT probably […]
In Gluyas v Google Inc  VCAT 540, an Australian blogger took Google to VCAT to complain about the content of a blog published in America on Google’s blogger platform. The blog criticised people with the blogger’s disability. The blogger sought relief under the Equal Opportunity Act, 1995 (Vic.), claiming that Google had authorised or […]
April 14th, 2010 · Enter your password to view comments.
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