Such a result is a rare turn up for the books. It would be an interesting exercise to think when a client last won compensation after a hearing down there. What's more, the American client didn't bother with representation, didn't come to Australia for the hearing, and still won based on a statutory declaration he [...]

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The law of unconscionable conduct has been rolled out again as a vehicle to adjust lawyers' fees in the same way as they might be in a civil costs dispute under the Legal Profession Act, 2004, but in a case to which that Act's regime did not apply. It has happened once before to my [...]

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The Legal Services Commissioner's website is growing some content. Her annual report for the part-financial year ending 2006 is published there. In summary:

For those who enjoy the suffering of others, commencing at p. 22 there is a list of all the adverse disciplinary findings made by VCAT's Legal Practice List, and it names the [...]

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In a landmark decision with profound implications for VCAT's Fair Trading Act, 1958 jurisdiction over lawyer-client disputes about professional negligence and fees, a Deputy President of VCAT has recognised that it did not have jurisdiction to hear a former client's misleading and deceptive conduct claim brought against 'a professional' in the traditional sense of [...]

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Skinner's Case [2007] VCAT 917, a claim against a leading labour law firm, was for some reason heard in VCAT's Civil List. A more likely list would have been the Legal Practice List, given that it was a professional negligence claim, albeit one pleaded under the Fair Trading Act, 1999 and the Trade Practices Act, [...]

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VCAT's Acting President Judge Bowman today handed down a long and important decision in relation to the relationship between alleged failures to follow the procedures for investigating complaints against professionals laid down by legislation and the jurisdiction of the disciplinary tribunal to hear charges laid as a result of such investigations. After eight months' thought, [...]

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In Kimitsis v Kennards Self Storage [2007] VCAT 668, a man put some things into a Kennard's self-storage facility. He paid the licence fees for a while, but then fell into arrears, and was uncontactable for two months from the time he put the things into the stroage unit. A written warning went unheeded, but [...]

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Coggin's Case [2007] VCAT 266 is an illustration that the merger of the former Legal Profession Tribunal with VCAT is still being worked out. Senior Member Howell described what had been engendered as 'a sea of misunderstanding'. Unless you are interested in the procedures of VCAT's Legal Practice List, you will find this post very [...]

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The Age reports today that Judge Bowman, the more senior of VCAT's 2 Vice-Presidents, has been appointed Acting President pending the appointment of a permanent President. The Age speculates who might be appointed too.

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