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3 years’ holiday for not making ongoing discovery
Guss v Law Institute of Victoria Ltd [2006] VSCA 88 (Maxwell P gave the lead judgment, Callaway and Chernov JJA agreeing) A solicitor’s right to practice was suspended for three years and he was...
View ArticleProcedural fairness: “Murray letters” considered by Victorian Court of Appeal
B (A Solicitor) v Victorian Lawyers RPA Ltd (2002) 6 VR 642 (Ormiston, Charles and Batt JJA) The Law Institute corresponded with the solicitors in this matter between 1998 and October 2000. The CEO Ian...
View ArticleCourt of Appeal sets aside unduly harsh outcome in gross overcharging...
PJQ v Law Institute of Victoria[2007] VSCA 122 is the part 1 of the last chapter in a story of good tactical plays characteristic of professional discipline specialist Sam Tatarka in the representation...
View ArticleCosts ordered against Law Institute in unsuccessful opposition to appeal...
The last post referred to part 1 of the last chapter of an intriguing saga. The second and final part of that chapter is the decision on costs: PJQ v Law Institute of Victoria (No. 2) [2007] VSCA 132....
View ArticleSupreme Court overturns 2008′s biggest discipline decision
Update, 31 January 2012: See now Council of the NSW Law Society v Simpson [2011] NSWADT 242 re the meaning of ‘misappropriation’. It was on this point that Justice Bell in Brereton overturned VCAT’s...
View ArticleWASCA on the kind of recklessness in making statements which amounts to...
Traditionally, the law of professional discipline has differed from the law of negligence in three profound ways. First, its aim is the protection of the public (though the policy in favour of...
View ArticleLawyers withdrawing ‘guilty pleas’ in disciplinary prosecutions at first...
BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146 is the subject of this sister post about the permissible use of evidence of mental impairment. Two aspects of it deserve their own...
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