The Australian Professional Liability Blog
Stephen Warne on professional negligence, regulation and discipline around the world
Update, 14 May 2009: Justice Pagone has given a second judgment determining this dispute, which I posted about here. Original post: Justice Pagone gave judgment in Law Institute of Victoria Limited v Deputy Commissioner of Taxation [2009] VSC 55 on 26 February 2009. His Honour noted, as ‘trite’, that the Tax Man’s power of compulsion, …
Continue reading “The Tax Man, the Law Institute, and the public interest”
I wrote about Byrne v Marles [2008] VSCA 78 here, and suggested reversal by legislation as a possible outcome. The government slipped the Professional Standards and Legal Profession Act Amendment Act, 2008 through pretty quietly. Two new sub-sections in the Legal Profession Act, 2004 add to the existing parent sections that nothing within them gives …
I took a holiday in Dunnalley, on the way from Hobart to Port Arthur, just 3 days after the Legal Profession Act, 2007 (Tas) finally came into operation on New Year’s Eve (more at the end of the post). Dunalley’s my kind of place: a tiny fishing village full of geraniums, a few remaining fishing …
On 25 July 2008, the Supreme Court’s newish Taxing Master Wood decided a question about the transitional effect of amendments to the provisions about lawyer-client taxations (now called ‘reviews’) under the Legal Profession Act, 2004. The decision is Law Institute of Victoria v RK. In relation to such taxations of costs, the Act was amended …
Since 6 December 2007, the maximum interest chargeable on bills has dropped from 12% (the penalty interest rate) to the Reserve Bank Target Rate +2% (at the time of writing 8.75%), and the period of non-payment after which you can begin charging has changed too. You need to amend your bills because if you don’t …
Continue reading “WARNING: costs agreements and bills require amendment”
Update: 6 January 2008: Pinna v Kuek [1999] VSC 204 is a decision about the correlative section under s. 107, Legal Practice Act, 1996, which said (2) A bill of costs – (a) must be signed by – (i) the legal practitioner…’. O’Bryan J held that a letter signed by the legal practitioner enclosing a …
Continue reading “Bills of costs must be signed by principals or employees: what does that mean?”
K v Legal Services Board [2006] VCAT 2303; K v Legal Services Board No. 2 [2006] VCAT 2362 (Bowman J) A solicitor lied to a County Court judge about holding a practising certificate and was told in 2001 by the Full Legal Profession Tribunal not to bother applying for a practising certificate until 2011 and …
Continue reading ““VCAT may make orders of a transitional nature” read down”
The Justice Legislation (Further Amendment) Act 2006 No. 79 (Vic) was assented to on 10 October 2006 and the relevant part came into effect the following day: s. 2(1). Part 13 amends the Legal Profession Act 2004. The relevant purpose is stated in s. 1(k): “(k) to amend the Legal Profession Act 2004— (i) to …
VCAT does not have jurisdiction over costs disputes in relation to Family Court cases or to state Magistrates’ Courts exercising the Family Court’s jurisdiction (except to the extent it is exercising jurisdiction under ss 35 or 35B of the Bankruptcy Act, 1966), but does have jurisdiction in relation to costs disputes in relation to Federal …
Continue reading “VCAT has no jurisdiction over Family Court fee disputes”
Tweed on behalf of National Exchange Pty Ltd v Griffin Law Firm [2006] VCAT 1305 A solicitor was retained to pursue parties for breaches of contract involving small sums. He fell into dispute with the client in relation to fees in 376 such matters. Mr Howell found there were 376 separate disputes each for less …
Continue reading “Multiple claims and the $15,000 limit on power”
Chen’s Case [2006] VCAT 748 (Senior Member Howell): costs; s. 132(b); s. 133(2); s. 407 (see the associated disciplinary decision here) A solicitor averted being found negligent by openly offering to pay the claimant the maximum amount VCAT could award under cover of a denial of negligence. Mr Howell found that it would not be …
Continue reading “Open offer under cover of denial of negligence averts hearing”
Legal Services Commissioner v JAF [2006] VCAT 581 (Cullity, Shattock, Hannebury) Acting for vendor and purchaser; conflict between duty and interest (of solicitor’s associate) The Full Tribunal were not impressed with this solicitor who acted for the vendor and the purchaser which was a trust of which his wife was a beneficiary, but did the …
Continue reading “Misconduct in acting in face of duty and associate’s interest conflict”
Law Institute v KTBH [2006] VCAT 350 (Senior Member Howell) There were separate disciplinary and negligence proceedings against the solicitor over the same facts. At the end of the disciplinary hearing, and on the basis of the prosecutrix’s submissions, Mr Howell decided to determine the negligence case and get the whole thing over and done …