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

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Entries Tagged as 'Wasted costs'

What can barristers charge for?

April 21st, 2017 · No Comments

I gave a presentation at the really well organised Junior Bar Conference this year.  The Bar sought questions which the junior barristers who attended wanted answers to.  One question, which I thought odd, but which I answered  earnestly, was ‘What can a barrister charge for?’  This was my answer: The starting position is freedom of […]

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Tags: Costs agreements · Costs Court · costs disclosure defaults · costs disputes · Legal Profession Uniform Law · No win no fee · Professional fees and disbursements · Wasted costs

The Civil Procedure Act’s overarching obligation to keep costs proportionate

April 20th, 2017 · No Comments

The Civil Procedure Act 2010 applies to proceedings in the Magistrates’ Court, County Court, and Supreme Court but not federal courts or VCAT. Its overarching purpose is to ‘facilitate the just, efficient, timely and costs effective resolution of the real issues in dispute’: s. 7.

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Tags: Civil Procedure Act 2010 (Vic) · civil-disciplinary interplay · Discipline · Ethics · litigation ethics · Party party costs · pro bono · Professional fees and disbursements · Proportionality · Wasted costs

Yet more on the obligation on Legal Services Commissioners to plead their case properly and stick to it

August 7th, 2016 · No Comments

Legal Services Commissioner v AL [2016] QCAT 237 is a decision of a disciplinary tribunal presided over by Justice David Thomas, President of QCAT and a Supreme Court judge. It is therefore of high persuasive value, and treats Queensland provisions which are the same as the equivalent Victorian provisions. And it provides what I suggest with […]

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Tags: Alleging fraud & misconduct · Briginshaw · Discipline · Dishonesty · Evidence · fraud · gross overcharging · jurisdiction · litigation ethics · natural justice · negligence as disciplinary breach · procedure · Professional fees and disbursements · prosecutorial failures · prosecutors' duties · Taxations · Unsatisfactory conduct · Wasted costs

Advocates’ immunity: at once more powerful and narrower than most yet understand

June 23rd, 2016 · No Comments

Advocates’ immunity was, until recently, more powerful than many lawyers were aware. Since the 1 July 2015 introduction of the Legal Profession Uniform Law and the High Court’s May 2016 decision in Attwells v Jackson Lallic Lawyers Pty Limited,[1] however, it may be narrower than many realise. And perhaps not everyone is aware that the […]

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Tags: Advocates' Immunity · Barristers' immunity · Civil Procedure Act 2010 (Vic) · Costs Court · Discipline · Insurance · Legal Profession Uniform Law · Legal Services Commissioner · National Profession Uniform Law · negligence as disciplinary breach · Professional fees and disbursements · Taxations · The suit for fees · Wasted costs

What quality of work defences are available in a suit for fees where client did not seek taxation?

April 7th, 2016 · No Comments

An Appeal Tribunal within the ACT Administrative Tribunal has put out a neat little decision which makes clear that where solicitors do work and bill it, where the client does not seek taxation within the time for doing so, and the solicitors sue for fees, the tribunal hearing the suit for fees still has, in […]

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Tags: Negligence · Professional fees and disbursements · The suit for fees · Wasted costs

All-new High Court to hear advocates’ immunity appeal

August 25th, 2015 · No Comments

The plurality judgment in the last decision of the High Court squarely about the advocates’ immunity was written by Chief Justice Gleeson and Justices Gummow, Hayne and Heydon JJ.  They have now retired from the Court.  As have the other judges who constituted the Court in D’Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; 223 […]

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Tags: Advocates' Immunity · Barristers' immunity · Out of court settlements · Professional fees and disbursements · The suit for fees · Wasted costs

White Industries v Flower & Hart: unfounded allegations of fraud

January 25th, 2014 · No Comments

This post is a case note of Justice Goldberg’s famous decision in White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169; [1998] FCA 806 as well as of associated decisions and surrounding controversy.  Because it is what I am working on at the moment, it concentrates on that part of the […]

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Tags: Abuse of process · Alleging fraud & misconduct · Client Legal Privilege · duties regarding witnesses · duty to court · Ethics · litigation ethics · Professional fees and disbursements · Wasted costs

The civil and disciplinary consequences of making an allegation of serious wrongdoing without a proper foundation

January 7th, 2014 · No Comments

Friends, I need your help, again.  Certain promises I made to write about and present on the civil and disciplinary consequences of making allegations of serious wrongdoing (e.g. fraud) without a proper foundation are coming home to roost.  I’m looking at: disciplinary sanction of lawyers via Legal Services Commissioner, etc. prosecution; personal costs orders against […]

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Tags: Civil Procedure Acts · Discipline · duties regarding witnesses · duty to court · fraud · Legal writing · litigation ethics · Misconduct · Professional fees and disbursements · prosecutors' duties · Striking off · Vic Solis' Conduct Rules · Wasted costs

Reminder: you need very clear instructions before commencing proceedings on a person’s behalf

May 17th, 2010 · No Comments

Updated, 23 June 2015: See Doulman v ACT Electronic Solutions Pty Limited (No 2) [2015] FCCA 1664 Updated, 16 July 2014: Brereton J summarised the authorities on this question in In the matter of HIH Insurance Limited (in liquidation); Smith v McGrath [2014] NSWSC 922 at [17], as follows: ‘Fundamentally, the extent of a lawyer’s […]

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Tags: Party party costs · Retainers · Solicitor as agent · Wasted costs

Misuse of statutory demand yields costs against solicitor personally

November 23rd, 2009 · No Comments

Gippreal Pty Ltd v Kurek Investments [2009] VSC 344 is yet another decision of Justice Pagone of interest to this blog.  I appreciate His Honour’s concision.  In this case, a creditor served a statutory demand knowing full well that there was an offsetting claim for more than the debt the subject of the demand.  The […]

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Tags: Wasted costs