The Law Institute exercised jurisdiction it didn’t have on receiving a pecuniary loss dispute resolution request from a bankrupt

Said Georges’ Case [2006] VCAT 414

Upon bankruptcy certain causes of action vest in the trustee in bankruptcy, and others do not: see ss. 58(1) and 116(2) Bankruptcy Act, 1966. This dispute vested in the trustee upon the client’s bankruptcy, but the trustee wrote the client a letter consenting to “the bankrupt’s pursuit of the dispute with [the solicitor] by lodging the appropriate applications to the Legal Profession Tribunal”. Mr Butcher found that though the trustee probably had the power to engage the bankrupt client to pursue the claim for the benefit of the estate, but “the letter does not indicate to me that such was the intention of the trustee”, and dismissed the dispute.

Evidently, this was a matter overlooked by the Law Institute which blithely exercised jurisdiction it did not have, to the detriment not only of the taxpayer’s pocket but of the solicitor’s.

Bernard Sheehy was for the solicitor, and Alan Hebb for the Tribunal.

Demand for information “within 14 days” complies with s. 149

Law Institute of Victoria v MMM [2006] VCAT 182

Section 149(3) of the Legal Practice Act, 1996 says that a demand by the Law Institute under the power to compel information and documents must be in writing and “must allow at least 14 days to comply”. In a marvellously ambitious move, Rod Randall unsuccessfully challenged the Tribunal’s jurisdiction on the basis that a demand for information “within 14 days” did not allow his client at least 14 days to comply.

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