Yet more on the obligation on Legal Services Commissioners to plead their...
Legal Services Commissioner v Laylee [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...
View ArticleThird party payer taxations where client bankrupt: WASCA
In Iron Mountain Mining Ltd v K & L Gates [2016] WASCA 166, the appellant, a listed company, had indemnified one of its directors against the legal costs of lawyers defending the director in...
View ArticleLegal Services Commissioner’s new decision making powers
The Victorian Legal Services Commissioner has published a report on his new proactive regulation of the profession. It tells how risk profiles of practices are being constructed with the assistance of...
View ArticleApplicant brings case beyond jurisdiction; respondent doesn’t take the point...
Jasmin Solar Pty Ltd v Fitzpatrick Legal Pty Ltd [2017] VSC 220 is a little case, but it is instructive about a number of things: solicitor-client taxations can take an awfully long time; some...
View ArticleJudges’ referrals to the ATO, police, Legal Services Commissioners
Often enough, judges refer the conduct of lawyers appearing before them (or disclosed by the case they are adjudicating) to the Legal Services Commissioner for investigation. A recent example is Re...
View ArticleSuit for fees goes badly wrong but could have gone much worse
An ACT practitioner seems to me to have been skilfully represented, escaping with findings of unsatisfactory professional conduct, a reprimand and a fine. The decision in Council of the Law Society of...
View ArticleHoly moly! VCAT finds costs agreement void for ambiguous disclosure then...
VCAT has published reasons, the first I’ve come across, dealing with the allowance of costs under a costs agreement void for disclosure defaults: Sleath v RGL [2017] VCAT 1998. Though they do not say...
View ArticleCosts recovery in pro bono cases in Victorian state courts: Part 2
I was asked to talk to my colleagues at the Victorian Bar recently in relation to costs recovery in pro bono cases. It is now more certain that costs may be recovered from the other side by victorious...
View ArticleCosts recovery in pro bono cases in Victorian state courts: Part 3
I was asked to talk to my colleagues at the Victorian Bar recently in relation to costs recovery in pro bono cases. It is now more certain that costs may be recovered from the other side by victorious...
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