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

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Entries Tagged as 'VCAT'

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

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

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