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

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Entries Tagged as 'VCAT'

$5,000 fines in lawyers’ disciplinary prosecutions

November 22nd, 2016 · No Comments

In this post, I noted the New South Wales Court of Appeal’s review of fines in solicitors’ disciplinary proceedings. I did my own little survey of Victorian cases recently in order to justify to the VCAT a joint submission as to penalty following a plea. How naughty does a lawyer have to be to cop a fine […]

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Tags: Discipline · VCAT

The Bureau de Spank’s obligation not to publish about disciplinary orders until lawyers’ appeal rights are spent

June 19th, 2016 · No Comments

Parliament is considering a bill to re-instate the disciplinary register, and to prohibit the Bureau de Spank from trumpeting its successes before the respondent practitioners’ appeal rights are exhausted: Legal Profession Uniform Law Application Amendment Bill 2016 (Vic.).  Cl. 150E of the Bill proposes to prohibit the Legal Services Board from providing to the public information about disciplinary […]

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Tags: appeals · Discipline · Legal Profession Act · Legal Profession Uniform Law · Legal Services Commissioner · Legal writing · litigation ethics · National Profession Uniform Law · Professional regulation · prosecutors' duties · regulators' duties · VCAT

VCAT gives expansive interpretation to civil complaint dispute resolution jurisdiction

February 28th, 2016 · No Comments

Updated post: The decision is under appeal: Champion v Rohrt [2016] VSCA 64. Original post: VCAT has taken a most expansive approach to its jurisdiction to rule on civil disputes involving lawyers in Rohrt v Champion [2015] VCAT 1875. The liquidator of a company served a notice on a solicitor under the Corporations Law, 2001 […]

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Tags: Legal Profession Act · Legal Services Commissioner · VCAT

VCAT’s President’s extra-judicial views on Barbaro in VCAT disciplinary hearings

June 10th, 2015 · No Comments

In my last post, I briefly surveyed VCAT’s approach to the Barbaro principle in disciplinary proceedings against solicitors.  I just came across a presentation given by the Supreme Court’s Justice Garde, VCAT’s President which touches on this issue.  The presentation is titled ‘Alternative Dispute Resolution – Can it work for Administrative Law?’. It was given […]

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Tags: Discipline · procedure · prosecutors' duties · VCAT

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

Parties cannot by agreement give jurisdiction to a tribunal it does not have

February 28th, 2011 · No Comments

Some things you learn the hard way.  One of my earliest appearances, as a young solicitor at a packed directions hearing before the notorious Master Patkin of the County Court, involved a discussion of the Court’s jurisdiction which I had not seen coming.  I suggested that the other side had consented to jurisdiction.  It earnt […]

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Tags: Discipline · jurisdiction · procedure · VCAT

Lodging a civil complaint with the Legal Services Commissioner limits you to compensation of $25,000 per complaint

January 25th, 2011 · No Comments

First of all, happy new year! The take-home point of this post is that if you lodge a civil complaint (e.g. a pecuniary loss dispute or a costs dispute) with the Legal Services Commissioner, you limit the amount of compensation you can get in VCAT to $25,000 because of s. 4.3.2(1)(c) of the Legal Profession […]

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Tags: costs disclosure defaults · costs disputes · Fair Trading Act · Legal Practice Act · Legal Profession Act · Legal Services Commissioner · Professional fees and disbursements · VCAT

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