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

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Entries Tagged as 'VCAT'

Changes to legal professional privilege operate retrospectively

March 4th, 2010 · No Comments

They’ve changed the law in relation to legal professional privilege on us. The common law has been abolished, at least in relation to compulsory processes (discovery, subpoenas, interrogatories, notice to produce) in fora where the new Evidence Act, 2008 applies, and the adduction of evidence in those fora. Two legal professional privilege regimes are now [...]

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Tags: Client Legal Privilege · Evidence · VCAT · legal professional privilege

Justice Ian Ross VCAT’s new President

February 25th, 2010 · No Comments

According to the Victorian Bar, the Supreme Court’s Justice Ross has been appointed President of VCAT. That does not mean he is no longer a Supreme Court judge; he will be both.  Justice Morris, two Presidents ago, used to hear cases in both jurisdictions. It did not occur to me when his Honour leapt from [...]

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Tags: VCAT

VCAT’s Judge Ross appointed to the Supreme Court

November 20th, 2009 · No Comments

Judge Iain Ross, who was the head honcho of VCAT’s Legal Practice List, and the Tribunal’s Vice-President, has been appointed to the Supreme Court, presumably taking up the spot left behind by a good and honourable man and quiet champion of human rights, Justice David Harper, who has been appointed to the Court of Appeal.  [...]

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Tags: Judges · VCAT

VCAT decision overturned for appearance of bias

November 19th, 2009 · No Comments

Two men litigated a case over $10,000 in VCAT’s Civil List before a sessional member. As per the norm in that list, they were unrepresented. That Civil List is a place a world away from the proceedings you read about in the law reports.  I must say I like the idea of an accessible tribunal [...]

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Tags: Evidence · VCAT · VCAT Act

Procedure in VCAT merits reviews

November 1st, 2009 · No Comments

In recent times, I have not found legal regulators forthcoming in advising in advance the evidence to be tendered against a practitioner, and have generally sought directions for disclosure where it could not be sorted out between the parties’ representatives, sometimes attracting ire in the process.  I have had disagreements, too, about who should go [...]

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Tags: Merits review · VCAT · VCAT Act

Procedure in applications to set aside costs agreements

August 9th, 2009 · No Comments

It costs about $290 to file an application to set aside a costs agreement under s. 3.4.32 of the Legal Profession Act, 2004 in VCAT.  It is not a step lightly to be taken.  Moreso than much of what goes on in VCAT, such applications are treated like litigation in a court.  Costs will be [...]

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Tags: Costs agreements · Professional fees and disbursements · VCAT · setting aside costs agreements

Sex offence doctor’s VCAT success stayed pending appeal

August 4th, 2009 · No Comments

The Herald Sun has been active recently with front page excoriation of VCAT’s professional regulatory review jurisdiction for letting loose on the public again those they have described in unusually large letters as ‘sex fiends’ and ‘insane killers‘.  The two decisions are SL v Medical Practitioners Board of Victoria [2008] VCAT 2077, a decision of [...]

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Tags: Admission · Criminal liability · Professional regulation · VCAT · doctors

Protected: How to deal with a Legal Services Commissioner complaint

July 14th, 2009 · Enter your password to view comments

There is no excerpt because this is a protected post.

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Tags: Professional fees and disbursements · Professional regulation · VCAT · Vic Solis' Conduct Rules · costs disclosure defaults · costs disputes

When will a company be permitted to litigate without legal representation?

May 4th, 2009 · No Comments

Update, 24 February 2010: An appeal failed: [2010] VSCA 17.
Original post: Rule 1.17(1) of the Supreme Court Rules (the County Court’s and Magistrates’ Court’s rules are to similar effect) reads as follows:
“Except where otherwise provided by or under any Act or these Rules, a corporation, whether or not a party, shall not take any step [...]

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Tags: VCAT · VCAT Act

Briginshaw and the uniform evidence law

May 4th, 2009 · No Comments

Qantas Airways Limited v Gama [2008] FCAFC 69 discusses the interrelationship of the uniform evidence legislation and the High Court’s decision in Briginshaw v Briginshaw (1938) 60 CLR 336.  The relevant bit is in the separate decision of Justice Branson, with whom Justices French (now of the High Court) and Jacobsen agreed at [110].  Briginshaw [...]

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Tags: Discipline · VCAT · VCAT Act · procedure