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

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Entries Tagged as 'VCAT Act'

Appeals from VCAT on the basis of inadequate reasons

April 19th, 2017 · No Comments

A failure to give reasons is an error of law.[1] Seriously inadequate reasons are corrosive of public confidence in the administration of justice and ought not to be tolerated by an appeal court, since justice must not only be done but be seen to be done. This is the first public policy informing the requirement […]

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Tags: appeals · Discipline · Judges · Legal writing · VCAT · VCAT Act

Summary judgment in a disciplinary prosecution?

May 22nd, 2015 · No Comments

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 […]

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Tags: Discipline · Evidence · Legal Services Commissioner · procedure · VCAT Act

VCAT’s Legal Practice List and the Privilege Against Penalties

July 30th, 2014 · 1 Comment

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 [2008] VSCA 157.  (That case stands for […]

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Tags: Discipline · procedure · prosecutors' duties · VCAT Act

Suburban solicitor tenders video of himself asking employee for sex 78 times in his own sexual harrassment case

March 28th, 2013 · No Comments

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 [2013] VCAT 221.  The solicitor described the complainant as a fantasist when she said that he asked her for sex in a most […]

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Tags: Briginshaw · Evidence · VCAT · VCAT Act

Palm tree justice banned at VCAT

November 3rd, 2010 · No Comments

Justice Sifris banned palm tree justice in VCAT in a mercifully concise judgment: Christ Church Grammar School v Bosnich [2010] VSC 476, overturning President Morris’s decision in Law v MCI Technologies Pty Ltd [2006] VCAT 415, which was against the tide of NSW authorities.  Peter Riordan SC led Will Alstergren for the School. As the […]

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Tags: VCAT · VCAT Act

Is this the Legal Practice List’s biggest case?

October 9th, 2010 · No Comments

Virgtel Ltd v Gadens Lawyers [2010] 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.  […]

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Tags: Legal Practice Act · Legal Profession Act · Professional fees and disbursements · setting aside costs agreements · VCAT · VCAT Act

High Court says something about VCAT

July 24th, 2010 · No Comments

In Osland v Secretary to the Department of Justice [2010] 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 […]

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Tags: VCAT · VCAT Act

More on when lawyers engage in ‘trade and commerce’

June 6th, 2010 · No Comments

In Seachange Management Pty Ltd v Madgwicks, [2010] 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:

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Tags: VCAT Act

Can you serve VCAT proceedings on defendants outside Victoria?

May 28th, 2010 · No Comments

In Gluyas v Google Inc [2010] 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 […]

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Tags: VCAT · VCAT Act

Extra-territoriality of Victorian statutes

May 26th, 2010 · No Comments

In Gluyas v Google Inc [2010] 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 […]

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Tags: VCAT · VCAT Act