1. The application for a review of the decision by the Legal Services Board to refuse to renew Mr Forster s practising certificate is dismissed.

Size: px
Start display at page:

Download "1. The application for a review of the decision by the Legal Services Board to refuse to renew Mr Forster s practising certificate is dismissed."

Transcription

1 VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ADMINISTRATIVE DIVISION LEGAL PRACTICE LIST VCAT REFERENCE NO. J102/2010 CATCHWORDS Legal Profession Act 2004 Board refused to renew practitioner s practising certificate s (1)(a) application for review suitability criteria ss and Tribunal satisfied that Mr Forster is not a fit and proper person to continue to hold a practising certificate. APPLICANT RESPONDENT WHERE HELD BEFORE HEARING TYPE David Forster Legal Services Board 55 King Street, Melbourne Justice Iain Ross, President Hearing DATES OF HEARING 17, 18, 19, 22, 23 and 24 August 2011 and 1, 6, 7, 8, 12, 13 and 15 September 2011 DATE OF ORDER 8 December 2011 CITATION Forster v Legal Services Board (Legal Practice) [2011] VCAT 2216 ORDER 1. The application for a review of the decision by the Legal Services Board to refuse to renew Mr Forster s practising certificate is dismissed. Justice Iain Ross President APPEARANCES: For the Applicant For the Respondent Mr D Forster, in person Dr Hanscombe SC, with Mr S Senitharajah of counsel and Mr M Muir, solicitor

2 INDEX A. Background 3 B. The Legislative Framework 4 C. Legal Services Board v Forster 6 Double billing of disbursements 7 The double payment of disbursements 8 Rectification of deficiencies 14 The Infinity Law software package 16 Decision and Orders 18 D. The Submissions 19 Contravention of a law about trust money or accounts and 22 appointment of a receiver (s 2.4.4(1)(c) and s 1.2.6(k)) Complaint and disciplinary action (s 1.2.6(1)(f) and s 1.2.6(g)) 25 Good fame and character (s 1.2.6(1)(a)) 26 (i) Failure to pass on discounts 26 (ii) Mr Rann 27 Any other relevant matters (s 2.4.4(1)(f)): The Applicant s Candour (i) The handwritten notation on Annexure DBF94 to the Applicant s affidavit of 5 November 2009 (ii) The Applicant s affidavit of 11 November (iii) Sale of the practice s premises 58 (iv) The Applicant s conduct in the Tribunal 61 Additional matters: 66 (i) The Applicant s conduct towards the Board s Senior Counsel; Mr Batrouney and Mr Mann (ii) The Applicant s conduct in court and towards Emerton J 81 (iii) Contents of the Applicant s affidavits 81 (iv) Costs of rendering an itemised account 82 (v) The Applicant s letter to the Chief Justice 83 E. A Fit and Proper Person 83 F. Attachments VCAT Reference No. J102/2010 Page 2 of 92

3 REASONS A. Background 1 On 14 September 2010 the Legal Services Board (the Board) decided to refuse to renew Mr David Forster s (the Applicant) practising certificate for the practising year The Board notified the Applicant of its decision by an Information Notice dated 28 September Section of the Legal Profession Act 2004 (the Act) sets out the criteria for the renewal of a practising certificate. It provides that: Criteria for grant or renewal of local practising certificate (2) The Board must not renew a local practising certificate if it is satisfied that the applicant (a) was not eligible to apply for the renewal when the application was made; or (b) is not a fit and proper person to continue to hold the certificate. 3 The basis of the Board s decision in this instance was that it was satisfied that Mr Forster was not a fit and proper person to continue to hold a practising certificate. 4 Section (1)(a) of the Act provides that a person may apply to the Victorian Civil and Administrative Tribunal (the Tribunal) for a review of the decision to refuse to renew their practising certificate. Mr Forster has made such an application. 5 Section 51 of the Victorian Civil and Administrative Tribunal Act 1998 (the VCAT Act) provides that in exercising its review jurisdiction the Tribunal has all of the functions of the decision maker whose decision is subject to review. In determining a review proceeding the Tribunal may affirm, vary, set aside or remit the decision under review. In addition to having all of the relevant powers of the Board, the Tribunal may also make any order the Tribunal could make under ss or (except paragraph (a)). 1 6 In the conduct of the review proceeding I have been conscious of the fact that the Applicant is self represented. 7 As part of their overriding obligation to ensure a fair hearing, tribunal members have a positive duty to give proper assistance to litigants in person. 2 8 The scope of the duty is discussed in Abram v Bank of New Zealand, 3 in which the Full Court of the Federal Court observed: 1 2 S (3) of the Legal Profession Act See generally Seachange Management Pty Ltd v Bevnol Constructions and Developments Pty Ltd and ors [2008] VCAT VCAT Reference No. J102/2010 Page 3 of 92

4 What a judge must do to assist a litigant in person depends on the litigant, the nature of the case, and the litigant s intelligence and understanding of the case. 4 9 The degree of assistance which must be afforded depends on the context. While the Applicant is a legal practitioner he lacks a competent advocate s attribute of objectivity and the facility to present a focussed and cogent argument. These are common disadvantages encountered by litigants in person To assist the Applicant to focus on the issues in this proceeding the Tribunal prepared a Draft Summary of the Facts, Issues and Submissions document. The Applicant was also granted leave, on more than one occasion, to file further material, outside the timeframes originally set for the filing of material. During the course of his evidence the Applicant s attention was directed to the key issues facing him in the proceeding. 6 The Tribunal also assisted the Applicant in ordering his material and in ensuring that both parties had a full set of the material before the Tribunal. 11 The central issue in these proceedings is whether the Applicant is a fit and proper person to hold a practising certificate. The Board bears the onus of proof in respect of the ultimate issue. The Board contends that the Applicant is not a fit and proper person to hold a practising certificate and it bears the onus of establishing that negative. 7 The standard of proof required is proof on the balance of probabilities. The strength of evidence necessary to establish a fact on the balance of probabilities may vary according to the circumstances. 8 Given the seriousness of the allegations made against the Applicant and the potential gravity of the consequences for him in the event that the allegations are established, clear and cogent evidence will be required before such satisfaction can be attained on the balance of probabilities. 12 The Board s case relies heavily on findings made by her Honour Justice Emerton in Legal Services Board v Forster. 9 I propose to deal first with the legislative provisions and then with her Honour s judgment before turning to the submissions of the parties. B. The Legislative Framework 13 The expression a fit and proper person is not defined in the Act, but Part 2.4 sets out a number of suitability matters that the Tribunal may take into (1996) ATPR ; 43,341. (1996) ATPR , 43,341, 43,347.Also see Rajski v Scitec Corporation Pty Ltd [1986] NSWCA 1. Australian Institute of Judicial Administration, Litigants in Person Management Plans: Issues for Courts and Tribunals (2001) 4-8. For example Tn 1007 lines and 1008 lines 1-8 Stanoevski v Council of the Law Society of New South Wales [2008] NSWCA 93 [58] (Campbell JA, Hodgson JA and Handley AJA agreeing). Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449, (Mason CJ, Brennan, Deane and Gaudron JJ). [2010] VSC 102. VCAT Reference No. J102/2010 Page 4 of 92

5 account when considering whether a person is fit and proper to hold a practising certificate. Section 2.4.4(1) of the Act provides, relevantly, that: Suitability to hold local practising certificate (1) The Board, in considering whether or not the person is, or is no longer, a fit and proper person to hold a local practising certificate, may take into account any suitability matter relating to the person, and any of the following, whether happening before or after the commencement of this section (c) whether the person has contravened this Act or a corresponding law or the regulations or legal profession rules under this Act or a corresponding law; (f) any other matter the Board thinks appropriate. 14 Suitability matters is defined in section to include (so far as is relevant): Suitability matters (1) (a) whether the person is currently of good fame and character; (f) whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following (i) this Act or a previous law of this jurisdiction that corresponds to this Act; or (ii) a corresponding law or corresponding foreign law; (j) whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts; (k) whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person; 15 In considering whether or not a person is a fit and proper person to hold a practising certificate the Board (or in this case the Tribunal) may take into account any suitability matter, as defined in section and any of the matters particularised in section 2.4.4(1)(a) to (f). Section 2.4.4(1)(f) provides that the Board may have regard to any other matter the Board thinks appropriate. 16 The requirement that an applicant for a local practising certificate be a fit and proper person to hold the certificate is protective. Such a requirement protects the public which deals with solicitors on the basis that they are VCAT Reference No. J102/2010 Page 5 of 92

6 members of an honourable profession who can be expected, without reservation, to conduct the affairs of their clients with honour and in whom clients can place confidence. 10 This is reflected in the stated purposes of Chapter 4 Complaints and Discipline of the Act, and in particular section 4.1.1(a), that is: (a) to provide a scheme for the discipline of the legal profession in this jurisdiction, in the interests of the administration of justice and for the protection of consumers of legal services and the public generally 17 The issue in each case is whether the Tribunal can conclude, on the basis of all the evidence, that the Applicant is a fit and proper person to join other members of an honourable profession in the responsible and trusted activities that are involved in the work of the legal profession. 18 I now turn to the judgment of her Honour, Justice Emerton, in Legal Services Board v Forster. 11 C. Legal Services Board v Forster On 16 October 2009 the Board applied to the Supreme Court for the appointment of a receiver to Mr Forster s legal practice for breaches of the trust account requirements of the Act and the Legal Profession Regulations 2005 (the Regulations). At the relevant time Mr Forster was the principal of the legal practice called Hollows Lawyers. 20 At the time the breaches were said to have occurred, Mr Forster s practice consisted almost exclusively of personal injury claims brought by former navy personnel against the Commonwealth for injury arising from the collision in 1964 between HMAS Voyager and the aircraft-carrier, HMAS Melbourne. The law practice handled more than 82 of these claims. By any measure, the proceedings arising from the claims were difficult and protracted. 13 The files which formed the basis of the application were opened in 2000 and many were not concluded before 2008, when the Commonwealth appointed Mr Gormly QC to settle the claims. There was a flurry of settlements in early to mid In respect of this period her Honour found that: Understandably, the defendant and his staff at the law practice were placed under considerable pressure during this period In resolving to bring the application to appoint a receiver to the law practice, the Board relied on a report of an inspection of the law practice See generally Ex parte Munro; Re Legal Practiioners Act (1969) 71 SR (NSW) 448, Walter v Council of Queensland Law Society Inc (1988) 77 ALR 228, 235 (Mason CJ, Wilson, Deane, Toohey and Guadron JJ); Wentworth v New South Wales Bar Association (1992) 176 CLR 239, 251 (Deane, Dawson, Toohey and Gaudron JJ). [2010] VSC 102. Ibid. Ibid [3]. Ibid. VCAT Reference No. J102/2010 Page 6 of 92

7 carried out by trust account inspectors employed by the Law Institute of Victoria Ltd (the LIV) in November and December The report, dated 28 April 2009 (the Chun Report), was prepared by LIV inspector, Mr Colin Chun on the basis of the inspection carried out by Mr Chun and a former LIV inspector, Ms Val Kozovska, (who left the employ of the LIV on 24 February 2009) Mr Chun and Ms Kozovska examined a sample of 12 of the 82 Melbourne Voyager files handled by the law practice The Chun Report identified irregularities in the law practice s trust account and records, which constituted breaches of the Act and Regulations by the law practice. These included failure to deposit trust money into the general trust account kept by the law practice (s ); failure to disburse trust money in accordance with the directions given by the client (s (1)(b)); failure to account for trust money as required by the regulations (s (3)); deficiencies in the law practice s trust account, principally arising from the law practice appropriating trust moneys for the payment of invoices that included disbursements that had already been paid from the trust account (s ); and failure to notify irregularities in trust accounts (s ) The Chun Report identified two main types of breaches of the trust account provisions: (a) in a number of files, the same item of disbursement had been billed twice to the client and paid twice ( the double billing of disbursements ); and (b) in nine of the files examined, there had been a double payment of disbursements by the client on a slightly different basis. Disbursements were billed once, and paid once from funds held in trust for the client, but then subsequently appropriated or deducted from settlement moneys received on behalf of the client ( the double payment of disbursements ) in what her Honour noticed was on a slightly different, but more troubling basis. 18 Double billing of disbursements 25 In four of the 12 files examined by the inspectors clients were billed twice for the same disbursement. Mr Forster conceded that the double billing occurred but said that it was a result of administrative error, and that the number of such errors was small given the overall number of accounting entries made over the period of the litigation. At paragraph [172] her Honour accepted that these errors were inadvertent, the most likely Ibid [50]. Ibid [52]. Ibid [54]. Ibid [55]. VCAT Reference No. J102/2010 Page 7 of 92

8 explanation for them being that they occurred in the course of data entry. Her Honour went on to state: [173] However, the errors in question were not trivial. In one instance, the double billing of disbursements involved counsel s fees of $53, The Chun Report notes that the law practice did not receive full payment of the invoices in question and wrote off an amount of $512, Nonetheless, the double billing of disbursements creates a further trust account deficiency and shows poor record keeping by the law practice The Chun Report also found that GST had been charged on amounts that already included a GST component, and had thus been charged twice. This also gave rise to trust account irregularities, and breaches of the Act and the Regulations. 20 The double payment of disbursements 27 The double payment of disbursements was the issue that occupied most of the Court s time. The sums of money involved were significant and the law practice benefited financially from the errors. In each case, the double payment of disbursements gave rise to a trust account deficiency, and a breach of the Act and the Regulations The double payment of disbursements in nine of the 12 files examined by the inspectors resulted in the law practice paying itself from trust funds approximately $370,000 to which it was not entitled Clients could not have become aware that they had paid twice for disbursements because, contrary to s (6)(a) of the Regulations, no final trust account statements were sent to them Her Honour s conclusions in respect of the failure to issue final trust account statements are set out at paragraphs [133] [136]: [133] On the basis of the evidence in relation to the 12 files examined by the inspectors, I do not accept that final trust account statements were sent out in the majority of matters handled by the law practice. Nor do I accept that failure to send out statements in completed matters was due to oversight, mistake or ignorance. Rather, the failure seems to reflect a carelessness in accounting to clients once matters had settled, large sums had been received from the Commonwealth and the law practice was in a position to recoup its expenses and pay itself some fees. At this stage in the process, matters of accounting seem to have been handled in a rush, and important steps involved in proper accounting to clients were disregarded Ibid. Ibid [57]. Ibid [56]. Ibid [60]. Ibid [63]. VCAT Reference No. J102/2010 Page 8 of 92

9 [134] Had final trust statements been prepared and sent to clients in a timely manner, the clients would have been in a position to identify the double payment of disbursements. However, without a final trust account statement, clients were not in a position to know that payment for disbursements had been taken twice by the law firm. In the circumstances, the failure to provide final trust account statements had serious consequences. [135] In this context, it is convenient to say something briefly about the evidence of Mr Ronald Male, who was the approved external examiner for the law practice for the purposes of the annual examination of its trust records under s of the Act for the years 2006, 2007 and Mr Male deposed to having used an audit program that he devised himself. He did not identify an (sic) problems with the trust recording by the law practice. However, he acknowledged that his testing would not have been nearly as comprehensive as that carried out by the inspectors. The errors identified appeared to be complex and difficult to identify. [136] It may well be that Mr Male s audits did not involve checking whether final trust account statements had been sent out in accordance with Regulation (6)(a), or the checking of trust account statements against invoices in individual cases. However, these were actions that were well within the capacity of the defendant and the staff of the law practice. Because they were not carried out, serious irregularities occurred in the law practice s management of its trust account The double payment of disbursements occurred when the law practice appropriated settlement moneys from trust to pay third party disbursements and then appropriated further moneys from trust to pay its own invoices As to how the double payment of disbursements arose, her Honour found as follows: [114] In effect, it appears that the double payment of disbursements occurred because the client invoice was prepared before settlement funds were received and third party disbursements were paid. The invoice included amounts for disbursements. It was a static document. Settlement moneys were then received, paid into the trust account and third party disbursements were paid from those trust moneys. There was then a further appropriation from the trust account to pay the invoice as a whole (including the disbursements that had since been paid). This resulted in trust account deficiencies, because moneys were appropriated from trust for the same purpose twice. The law practice had the benefit of the second payment. [115] In these circumstances, it seems to me to miss the point to attribute the trust account deficiencies that were created by the duplicated appropriations from trust to defects in the Infinity Law Ibid. Ibid [82]. VCAT Reference No. J102/2010 Page 9 of 92

10 accounting package and the failure to produce adjustment notes. If funds are appropriated from trust to pay costs and disbursements on the strength of an invoice that has already been prepared (and given to the client), but disbursements are also separately paid from trust without reference to the invoice, then surely that is a problem with the way that the accounting system is being used rather than a problem with the accounting system per se. Invoices were prepared before disbursements were paid and a credit note entered in the debtors ledger to reduce the balance owing by the client. This is a process issue, not a problem with the software. The manual entry of a credit note would have ensured that the running balance of the debtors ledger reflected payment of disbursements. [116] I find the suggestion that the problem arose from a failure to create adjustment notes very odd in circumstances where the invoice that the adjustment note adjusts was sent to the client before the payments to which the adjustment note refers were made. [117] The law practice could have avoided the double payment of disbursements if, as the LIV compliance manager Mr Dunn suggested, it had produced and checked a final trust statement before appropriating money from trust to pay itself. The trust statement would have disclosed that the disbursements had already been paid from trust [118] On the evidence before me, therefore, I am not satisfied that the double payment of disbursements was due to a fault in the Infinity Law software [119] I find that the defendant has not given a satisfactory explanation for the double payment of disbursements In essence, it was Mr Forster s case that the Infinity Law software used by the law practice required a three stage process to be followed by the law practice to avoid the double payment of disbursements. The law practice had known about and carried out the first two stages, including the entry of credit notes in the office accounts to reflect payments made from the trust account for disbursements. The third stage, involving the creation of a hitherto unknown document called an adjustment note, had not been carried out by the law practice because it was not aware of the need to do so. 27 I later return to Mr Forster s general reliance on problems with the Infinity Law package as an explanation for the trust account irregularities (see paragraphs [46] [50] infra). 34 Her Honour made the following finding in relation to Mr Forster s explanation for the double payments: [84] In my view, the defendant did not provide an adequate explanation of how the double payment of disbursements occurred and why the payment of disbursements from trust was not identified Ibid. Ibid [81]. VCAT Reference No. J102/2010 Page 10 of 92

11 by the law practice before further appropriations were made from trust to pay the firm s invoices. It is not correct to say that the step of entering a credit note did not reduce the office account and that something more was required. In fact, the entry of a credit note was effective to ensure that a payment from trust was reflected in the office accounts Her Honour also deals with Mr Forster s written submissions in respect of this issue, as follows: [100] The relevance of the write-offs in Ms Eccles evidence is unclear. According to the evidence given by Mr Scott, write-offs occurred only at the time of the closure of files. By contrast, credit notes were used on an ongoing basis to reduce the balance in debtors ledgers in respect of disbursements that had been paid from trust. [110] Plainly, this is not a satisfactory explanation. The evidence was that a credit note did reduce the balance in the office account in respect of a payment made from trust for disbursements [298] Although the major problems identified in the Chun Report the double payment and double billing of disbursements were most likely inadvertent, they occurred because the law practice did not pay sufficiently close attention to its trust accounting obligations when settlement monies started to flow in from the Commonwealth. I do not accept that these problems were caused by a defect in the accounting software used by the law practice, as submitted by the defendant At paragraphs [65] [66] her Honour deals with the issue of whether the double payments were intentional: [65] From the outset, the defendant freely admitted that accounting errors were made resulting in the double payment of disbursements. He said that the double payments were made in error, and I accept this. Both he and members of the staff of the law practice gave evidence that they were extremely shocked when they learned from the inspectors about the double payment of disbursements. I also accept this evidence. I find that the trust account deficiencies resulting from the double payment of disbursements were created inadvertently. [66] That, however, is not the end of the matter. The question remains whether the double payment of disbursements could and should have been avoided by more careful management of trust funds and trust account records by the defendant. In particular, the preparation of final trust account statements as required by the Regulations Ibid. Also see [109]. Ibid. VCAT Reference No. J102/2010 Page 11 of 92

12 would have exposed the problem. That basic requirement was not met by the law practice Mr Forster s knowledge of the double disbursements was also an issue in the proceedings. The Board contended that the law practice was aware, or ought to have been aware, of the potential for the double payment of disbursements. In this regard the Board relied on, among other things, an inter-office memorandum from Ms Susan Johnson (a solicitor in the practice s Sydney office) addressed to Diane Dawson, Peter Scott and Mr Forster. The memorandum records that Mr Forster asked Ms Johnson to review a cost estimate that had been prepared for a client, Mr Ramsay, compare it with accounts folder and check all the correspondence folders for invoices. Ms Johnson identified 21 issues requiring attention, six of which involved the identification of a potential double payment of disbursements. 38 Her Honour s findings as to Mr Forster s knowledge of the double disbursements are set out at paragraphs [123], [124] and [128] [129]: [123] The importance of the memorandum is the fact that Ms Johnson had identified that the practice s records were showing disbursements as unpaid, when in fact they had already been paid from trust. [124] In my view, the defendant, as principal of the law practice, and Mr Scott as its manager, should have followed up on the problem identified by Ms Johnson. It is plain that that follow-up did not occur and the manner in which both the defendant and Mr Scott sought to minimise the impact of the 16 May memorandum is worrying. The defendant ought to have been alerted by the 16 May memorandum to a potential problem with the recording of payments made for disbursements across its accounting system. However, I do not consider that the existence of the memorandum shows knowledge of the double payment of disbursements so that it could be said that the double appropriation of trust funds for disbursements was deliberate. [128] I have concluded that the double payment of disbursements was inadvertent. However, there were clear signs that should have alerted the defendant and his staff to a problem with the firm s accounting processes and which highlighted the need to make inquiries to ensure that trust moneys were dealt with in accordance with the Act and Regulations and the client was not left out of pocket by an accounting error. [129] Insofar as the events referred to formed the basis for the Board s contention that the defendant failed to report trust account irregularities as required by s of the Act, that failure is not made out in my view. The defendant was not aware of the double 30 Ibid VCAT Reference No. J102/2010 Page 12 of 92

13 payment of disbursements until he was alerted to the problem by the inspectors A summary of her Honour s findings and conclusion is set out at paragraphs [6] and [7] of the judgment: [6] I have decided that a receiver should be appointed to the law practice for a limited purpose. Having considered evidence from the Board and the defendant about the accounting practices of the law practice and the rectification of the errors that were identified, I have concluded that while the errors identified by the trust account inspectors were for the most part inadvertent accounting errors that were not deliberate or dishonest, their existence has exposed a lack of understanding of the trust accounting requirements of the Act and the Regulations, and a somewhat cavalier attitude towards the management of trust funds. The defendant ought not to have allowed the errors to occur. In particular, I have found that: (a) Although the defendant blamed the errors on the accounting software used by the law practice, the errors were not principally attributable to a design flaw in the software system; (b) Rather, the accounting errors were caused by a lack of understanding of how the accounting software worked and a lack of attention to the requirements of Part 3.3 of the Act and Part 3.3 of the Regulations; (c) The accounting errors should have been readily apparent and might have been avoided had the law practice prepared final trust account statements as required by the Regulations; (d) Further, the manner in which the trust account irregularities were remedied by the law practice gives rise to concern because (i) trust moneys that were appropriated in breach of the Act and Regulations were actually restored to the trust account in only a very small number of cases; (ii) in the majority of cases, to deal with the deficiencies identified, amounts written off were written back in or new invoices were raised, even though many of the matters had been finalised some time earlier; (iii) in the matter of Rann, the new invoice that was raised to partially offset the deficiencies identified included fees for professional services that the defendant was not able to properly explain; (iv) the review conducted by the law practice to identify deficiencies in its Melbourne Voyager files looked only for deficiencies created by one means (the double payment of disbursements) and did not look for errors of other kinds, such as those identified by the inspectors in the files that were reviewed by them. 31 Ibid. VCAT Reference No. J102/2010 Page 13 of 92

14 [7] Accordingly, I cannot be confident that trust account deficiencies have been properly identified and restored or that the errors that gave rise to them have been rectified. It is necessary for the protection of clients and former clients of the law practice that a suitably qualified person to be appointed to examine the Melbourne Voyager files held by the law practice to ensure that all irregularities in relation to trust money, trust property or the affairs of the practice have been fully identified and rectified and, in particular, that all trust deficiencies have been properly restored In addition to the double billing ; double payment of disbursements and the failure to provide final trust account statements, her Honour s judgment canvases a number of other issues which also form the basis of the Board s contention that the Applicant is not a fit and proper person to hold a practising certificate, in particular: failure to pass on discounts; and the matter of Rann. I deal with these issues later in the context of the Board s submissions. 41 Before leaving her Honour s judgment I will deal with part of the case put by Mr Forster in the Supreme Court proceedings and her Honour s findings in respect of those matters. There are two elements to this, the first deals with the rectification of the deficiencies and the second with Mr Forster s contention that a design flaw in the software package used by the practice caused the inadvertent accounting errors. In substance her Honour rejected both lines of argument. Rectification of Deficiencies 42 Mr Forster contended that all of the deficiencies identified in the Chun Report had been restored by the legal practice. Her Honour deals with this issue at paragraphs [181] [205] of the judgment Her Honour found, at paragraph [196], that a document prepared by Mr Scott (the Review of client accounts as at 31/3/09) records that moneys were paid back to three clients: Mr Smith was refunded $10,050.67; Mr Trudgett was refunded $47, and Mr Vesty was refunded $63, All of the other files were dealt with by way of adjustment notes, by reversing write-offs and/or by issuing new invoices. 44 Her Honour concluded as follows: [205] I accept the submissions of the Board on this question. Although the efforts of Mr Scott and Ms Thewlis are commendable, I am not satisfied that all irregularities in the remaining files have been identified and satisfactorily rectified by the law practice. Moreover, there is a real prospect that some of the rectification measures taken Ibid. Ibid. VCAT Reference No. J102/2010 Page 14 of 92

15 by the law practice involve further breaches of the Act and the Regulations. I have concluded that the identification and rectification of irregularities in the Melbourne Voyager files requires further investigation in the interests of the many clients who are affected The submissions of the Board, which her Honour accepted, are set out at paragraphs [201] [204] of the judgment as follows: [201] The Board submits that after 15 days of evidence, the Court is in no better position than Mr Scott or Mr Chun to determine whether the irregularities in the client files have been fully identified and whether deficiencies have in fact been restored. If he wished, the defendant could have put on proper and complete evidence concerning the other deficiencies and the measures that had been taken to restore them. However, he had chosen not to lead such evidence. In the light of the other serious irregularities identified in the Chun Report and the manner in which the law practice sought to deal with them, the Court should not be satisfied that the other files have been attended to satisfactorily. [202] The Board pointed out that the Review of client accounts 31/3/09) was current to that date only. No updated information has been provided by the defendant in relation to any further accounting which has occurred, save in the matter of Rann. By contrast, the review as at 30 September 2009 for the 12 client files that were examined by Mr Chun and Ms Kozovska shows more detailed and more recent information than the table provided to Mr Chun on 31 March Entries have changed in the matters of Rann, Lewis, Pride, Fogarty and Singline. On this basis, the Board submits that if the rectification measures have been updated since 31 March 2009 for more than 40% of the 12 files examined by the inspectors, it should be inferred that further rectification measures have been or should be undertaken for the remaining clients since the law practice completed its review in March In other words, the Review of client accounts 31/3/09) is most likely incomplete. [203] Furthermore, the Board pointed out that the review was conducted only in relation to disbursements paid from trust. This process would not identify other deficiencies, for instance those that occurred in the Smith and Simmonds matters, where the practice billed the full amount of a disbursement, but the creditor was paid a lesser amount from the office account. By reason of the way in which the reviews were undertaken by the law practice, deficiencies of this kind would not be identified. [204] Finally, the Board submitted that the process of restoring deficiencies by preparing adjustment notes may involve further breaches of the Act and Regulations. In most cases, deficiencies were restored by producing an adjustment note for the relevant invoice. When asked whether moneys were paid back into trust, Mr Scott said, No, we did not put it back into the trust and take it out again, no. 34 Ibid. VCAT Reference No. J102/2010 Page 15 of 92

16 He confirmed that he simply netted off an invoice against its corresponding adjustment note. In so doing, the law practice may have again avoided the operation of the Regulations with respect to the withdrawal of trust money and the obligation to provide notice to a client before appropriating trust moneys The Infinity Law software package 46 Part of Mr Forster s case in the Supreme Court proceeding was that a design flaw in the Infinity Law software package used by the practice caused the inadvertent accounting errors. 37 Her Honour rejected this proposition. 47 At paragraph [6] of the judgment her Honour found: (a) Although the defendant blamed the errors on the accounting software used by the law practice, the errors were not principally attributable to a design flaw in the software system. (b) Rather, the accounting errors were caused by a lack of understanding of how the accounting software worked and a lack of attention to the requirements of Part 3.3 of the Act and Part 3.3 of the Regulations. (c) The accounting errors should have been readily apparent and might have been avoided had the law practice prepared final trust account statements as required by the Regulations. 48 Her Honour deals with these matters in more detail later in her judgment: [115] it seems to me to miss the point to attribute the trust account deficiencies that were created by the duplicated appropriations from trust to defects in the Infinity Law package and the failure to produce adjustment notes [118] On the evidence before me, therefore, I am not satisfied that the double payment of disbursements was due to a fault in the Infinity Law software [119] I find that the defendant has not given a satisfactory explanation for the double payment of disbursements. 49 It was also part of the defendant s case that the LIV knew that there was a flaw in the Infinity Law software and failed to alert practitioners to the dangers. The defendant says that had the LIV informed him of the flaws and required Infinity Law to act upon a review it had carried out, most of the problems identified by the inspectors would not have occurred or would have been readily rectified. According to the defendant, the LIV had a conflict between its obligations to members to assist them to access appropriate and compliant accounting software and the advertising revenue Legal Profession Regulations 2005 (Vic) reg Legal Service Board v David Brian Forster [2010] VSC 102. Ibid [67] [81] and [109]. VCAT Reference No. J102/2010 Page 16 of 92

17 streams it received by promoting the greatest number of accounting packages on its website Her Honour s findings in respect of this issue are summarised at paragraphs [140] and [164]: [140] In respect of the matters that are alleged against the LIV, I find, in summary, that: (a) Although Messrs Henman and McCormack gave evidence that transactions in the trust account were not automatically picked up in the office account, it is not correct to say that the law practice was not aware of this fact or that a credit note did not reduce the office account balance. There was ample evidence in the records of the law practice that the debtors ledger was reduced by a credit note entry and that credit notes were regularly used by the law practice to align the office accounts with the trust account; (b) The LIV software review, which included a review of the Infinity Law software, found that the software did not comply with the Regulations in certain respects, but the areas of non-compliance identified were unrelated to the double payment of disbursements or the other irregularities identified in the Chun Report; (c) The LIV, in sending inspectors to the law practice, had no reason to believe that the law practice was likely to have experienced a problem with the double payment of disbursements. The memorandum referred to does not show that the LIV anticipated that there would be a problem with the double payment of disbursements at the law practice, and there is no evidence that the law practice was targeted because of its use of the Infinity Law software [164] From the evidence given by Messrs Dunn, Henman and McCormack, I conclude that: (a) The Infinity Law software was cumbersome and was not easy to use; (b) Like many other legal practice accounting programs, it isolated the trust account from the office account and its various modules; (c) This was generally a good thing, given the special status of trust moneys and the special accounting requirements for them; (d) However, it did require manual entries to ensure that transactions in the trust account were properly reflected in the office accounts and the integrity of those accounts was maintained; (e) The Infinity Law software was set up on the basis that third party disbursements would be paid initially from the office account and not from the trust account. If third party payments were made from the trust account, manual entries were required to ensure that the payment was recorded in the office accounts; 38 Ibid [137]. VCAT Reference No. J102/2010 Page 17 of 92

18 (e) This would require additional attention for a firm like the law practice that paid disbursements from settlement moneys received into trust. Decision and Orders 51 Her Honour concluded that in the circumstances it was necessary for the records of the law practice relating to its Melbourne Voyager files to be independently examined and that a receiver was best equipped to carry out that task: [310] In my view, it is necessary for the person responsible for carrying out the examination and rectification task that I have described to have the powers of a receiver. The task of the receiver will be to examine the Melbourne Voyager files held by the law practice to ensure that all irregularities in relation to trust money, trust property or the affairs of the practice have been fully identified and rectified and, in particular, that all trust deficiencies have been properly restored. Depending on what is found, the task may involve recovering moneys or property taken in breach of trust, improperly or unlawfully. Ultimately, it may be necessary to wind up the law practice, but this is a matter for further investigation. [311] Accordingly, a receiver will be appointed on condition that he or she does not, without further order from the Court, move to wind up the practice. I am also minded to limit the term of the appointment, because the law practice would be financially ruined by a lengthy receivership, which would amount to a de facto winding up. 52 On 21 April 2010 the Applicant filed a notice of appeal appealing against the appointment of the receivers. On 30 April 2010 Justice Emerton refused Mr Forster s application for a form of interim stay whereby the receivers would be prevented from conducting the receivership until the Court of Appeal had heard and determined the stay application before it. The Applicant subsequently abandoned this appeal. 53 On 21 May 2010 Justice Emerton made an order vacating order 7 of the orders made on 12 April 2010 that without further order from the court, the Receiver not move to wind up the law practice. 54 At the commencement of the substantive proceedings in the Tribunal the Board submitted that the parties are bound by all of the findings and rulings made by the Supreme Court in the Legal Services Board v Forster. The Board relies on that judgment and Justice Emerton s other rulings in the proceedings before and after the appointment of the receivers. The respondent s contention was advanced on the ground of issue estoppel. 55 I made a ruling in respect of the Board s issue estoppel point on 17 August A revised copy of that ruling is attached to this decision. 56 I was satisfied that an issue estoppel arose in the manner contended by the Board. It follows that the estoppel will operate to prevent the Applicant relitigating, either in submissions or by adducing evidence, issues which have VCAT Reference No. J102/2010 Page 18 of 92

19 been the subject of findings and rulings made by the Supreme Court in Proceeding 6947 of The estoppel only covers those matters which necessarily establish the legal foundation or justification for the Supreme Court's conclusion in its judgment and in the rulings in the receivership proceeding. 57 For completeness, I note that even in the absence of an estoppel it would have been an abuse of process to permit the Applicant to re-litigate these issues. D. The Submissions 58 The Board sought to make out the case it set out in the Information Notice of 28 September In addition, it relied on a number of extra matters, which are the subject of four volumes of documents which were served on the Applicant. 59 The Information Notice addresses the question of whether the Applicant is a fit and proper person to continue to hold a practising certificate by reference to the suitability criteria in s 1.2.6(1) of the Act. I will shortly turn to the Board s submissions in respect of each of the suitability matters. 60 In broad terms the Board submits that the there has been no acknowledgment of fault by the Applicant in respect of the issues considered by her Honour. Numerous errors in bills and accounts were disclosed in the course of the receivership proceedings and are recorded in the judgment. In relation to these errors her Honour found, at paragraph [302] of her judgment, that all of the errors identified in the material before her resulted in financial benefit to the practice. There was no instance where the errors favoured a client of the practice. 61 For his part the Applicant relies on a number of written submissions and various witness statements. This material addresses some of the matters raised by the Board and also advances some additional arguments. 62 A range of witnesses, including the Applicant, gave evidence in the proceeding. 63 The Applicant was an unimpressive witness. He presented in the witness box as evasive and non-responsive 39 and on a number of occasions he had to be directed to answer the question put. 40 He was very defensive when questioned in relation to candour issues and sought to attack the approach taken by the Board. For example, in relation to the suggestion that he had misled the Court in relation to Annexure DBF94 to his affidavit of 5 November 2009 (an issue I deal with at paragraphs [148]-[184]) he says: For example, Transcript of Proceedings, David Forster v Legal Services Board (Victorian Civil and Administrative Tribunal, J102/2010, President Justice Ross, 17 August September 2011) ( VCAT Tn ) 1067 lines 28-31; 1068 lines 1-8; 1071 lines 29-31; 1080 lines 22-31; 1081 lines 1-21; 1103 lines 15-18; 1110 lines 8-28; 1184 lines 12-14; 1276 line 13; 1047 lines 26-31; 1048 lines 1-8 and 1158 line 15. VCAT Tn 1183 line 12; 1254 lines 15-16; 1296 line 26 and 1339 line 24. VCAT Reference No. J102/2010 Page 19 of 92

20 And it's my view that that is an example of - what the Board is effectively doing is that they're trying to find all these things to blacken my reputation and to make the tribunal think that I'm a totally incompetent person that can't be trusted to look after clients, can't be trusted to be honest with people At other times the Applicant gave lengthy answers which dealt with issues tangential to the question he was being asked. 65 I did not find the Applicant to be a credible witness and would be reluctant to rely on his evidence in respect of any contested issue, in the absence of persuasive corroborative material. 66 The Applicant makes the following general submissions in support of his application: The receivership is a very draconian process and he has been punished enough for his mistakes. He is a conscientious, competent and hard working solicitor who has been in practice for about 35 years and has engaged in very difficult no win no fee litigation for parties such as the victims of religious sexual abuse and the Australian veterans where there has been a huge disparity in power and resources. In relation to Melbourne-Voyager clients he has worked tirelessly to achieve broadly successful results for 15 years in a stressful, protracted, costly and infamous litigation against the Commonwealth defendant. He has learnt from his past mistakes and took appropriate rectification measures. After 15 years of exhausting litigation ending it was not inappropriate for him to be unsure as to his future direction. The Applicant s practice was not effectively wound up but dramatically downsized due to the ending of the litigation. He wishes to continue to practise as evidenced by his establishment of a further practice. He is aged 62 years and unlikely to be able to obtain further employment in another field. He has been at the forefront of changes to the legal system designed to encourage fair, cost effective and efficient justice. He wishes to continue to provide services to litigants seeking justice who are unlikely to be able to obtain representation due to their inability to pay for solicitors work in the normal way, the complexity of their cases or that their matters involve difficult issues. He accepts and has apologised to the court for his emotions displayed in court. That the Receivership and other issues have placed very 41 VCAT Tn 1091 line 27 and 1092 line 1. VCAT Reference No. J102/2010 Page 20 of 92

SUPREME COURT OF SOUTH AUSTRALIA (Full Court)

SUPREME COURT OF SOUTH AUSTRALIA (Full Court) SUPREME COURT OF SOUTH AUSTRALIA (Full Court) LEGAL PRACTITIONERS CONDUCT BOARD v KUDRA [2014] SASCFC 37 Judgment of The Full Court (The Honourable Justice Gray, The Honourable Justice Sulan and The Honourable

More information

NSW COURT OF APPEAL DECISION SUPPORTS LITIGATION FUNDING MARKET

NSW COURT OF APPEAL DECISION SUPPORTS LITIGATION FUNDING MARKET NSW COURT OF APPEAL DECISION SUPPORTS LITIGATION FUNDING MARKET Introduction 1. The New South Wales Court of Appeal, in a unanimous Judgment on Thursday 31 March 2005, sent some clear messages to legal

More information

Legal Services Commissioner L.G. Yves Michel Melbourne Vice President Judge I J K Ross Hearing

Legal Services Commissioner L.G. Yves Michel Melbourne Vice President Judge I J K Ross Hearing VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL CIVIL DIVISION LEGAL PRACTICE LIST VCAT REFERENCE NO. J33 & J57 OF 2009 CATCHWORDS Legal Profession Act 2004 s 4.4.11(1)(b) failure to provide documents and

More information

Chapter 26. Litigation guardians. CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573

Chapter 26. Litigation guardians. CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573 6 CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573 569 Introduction 26.1 This chapter deals with the ability of substitute decision makers to

More information

IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG. and. In The Matter of ASSOCIATED CAPITAL CORPORATION

IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG. and. In The Matter of ASSOCIATED CAPITAL CORPORATION BRITISH VIRGIN ISLANDS CIVIL APPEAL NO.10 OF 2002 BETWEEN: IN THE COURT OF APPEAL SPARKASSE BREGENZ BANK AG and In The Matter of ASSOCIATED CAPITAL CORPORATION Appellant Respondent Before: His Lordship,

More information

Legal Services Commissioner (Applicant/Appellant) v Mr Michael John Wright t/as Wrightway Legal (Respondent) Occupational regulation matters

Legal Services Commissioner (Applicant/Appellant) v Mr Michael John Wright t/as Wrightway Legal (Respondent) Occupational regulation matters CITATION: PARTIES: APPLICATION NUMBER: MATTER TYPE: HEARING DATE: HEARD AT: DECISION OF: Legal Services Commissioner v Wrightway Legal [2015] QCAT 174 Legal Services Commissioner (Applicant/Appellant)

More information

2011 Television Education Network Pty Ltd and Wendy Kayler-Thomson, Forte Family Lawyers

2011 Television Education Network Pty Ltd and Wendy Kayler-Thomson, Forte Family Lawyers 2011 Television Education Network Pty Ltd and Wendy Kayler-Thomson, Forte Family Lawyers Applications for Litigation Funding Orders - Recent Developments, by Wendy Kayler- Thomson, Forte Family Lawyers,

More information

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice

More information

LEGAL COSTS IN SOUTH AUSTRALIA'S WORKERS' COMPENSATION SCHEME

LEGAL COSTS IN SOUTH AUSTRALIA'S WORKERS' COMPENSATION SCHEME BLAKE DAWSON WALDRON SOLICITORS LEGAL COSTS IN SOUTH AUSTRALIA'S WORKERS' COMPENSATION SCHEME February 1997 Workcover Corporation,. Library Worl(Cove _. i00,waymouth Street toz.v.,.;4.'rk:iilatil Adelaide

More information

VENTURE MOULD & ENGINEERING AUSTRALIA PTY LTD --- Magistrate B.R. Wright. Melbourne REASONS FOR DECISION ---

VENTURE MOULD & ENGINEERING AUSTRALIA PTY LTD --- Magistrate B.R. Wright. Melbourne REASONS FOR DECISION --- !Und efined Boo kmark, I IN THE MAGISTRATES COURT OF VICTORIA AT MELBOURNE D11638505 MICHAEL MILOVANOVIC Plaintiff v VENTURE MOULD & ENGINEERING AUSTRALIA PTY LTD Defendant --- MAGISTRATE: Magistrate B.R.

More information

FILED November 9, 2007

FILED November 9, 2007 IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2007 Term No. 33067 LAWYER DISCIPLINARY BOARD, Petitioner FILED November 9, 2007 released at 10:00 a.m. RORY L. PERRY II, CLERK SUPREME COURT

More information

CITATION: Dusanka Aleksic AND Q-COMP (WC/2013/4) - Decision QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION: Dusanka Aleksic AND Q-COMP (WC/2013/4) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Dusanka Aleksic AND Q-COMP (WC/2013/4) - Decision QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Workers' Compensation and Rehabilitation Act 2003 - s. 550 - procedure

More information

LAW ADMISSIONS CONSULTATIVE COMMITTEE 1 DISCLOSURE GUIDELINES FOR APPLICANTS FOR ADMISSION TO THE LEGAL PROFESSION

LAW ADMISSIONS CONSULTATIVE COMMITTEE 1 DISCLOSURE GUIDELINES FOR APPLICANTS FOR ADMISSION TO THE LEGAL PROFESSION LAW ADMISSIONS CONSULTATIVE COMMITTEE 1 DISCLOSURE GUIDELINES FOR APPLICANTS FOR ADMISSION TO THE LEGAL PROFESSION CAUTION: The attached document refers to Victorian legislation. Each Admitting Authority

More information

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV 2013-404-2633 [2013] NZHC 2171. UNDER the Companies Act 1993

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV 2013-404-2633 [2013] NZHC 2171. UNDER the Companies Act 1993 IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV 2013-404-2633 [2013] NZHC 2171 UNDER the Companies Act 1993 BETWEEN SYNTAX HOLDINGS (AUCKLAND) LTD (IN LIQUIDATION) First Plaintiff VIVIEN JUDITH

More information

LAW ADMISSIONS CONSULTATIVE COMMITTEE 1. Disclosure guidelines for applicants for admission to the legal profession

LAW ADMISSIONS CONSULTATIVE COMMITTEE 1. Disclosure guidelines for applicants for admission to the legal profession LAW ADMISSIONS CONSULTATIVE COMMITTEE 1 Disclosure guidelines for applicants for admission to the legal profession 1. PURPOSES OF THESE GUIDELINES An applicant for admission is required to satisfy the

More information

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10. of the Lawyers and Conveyancers Act 2006

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10. of the Lawyers and Conveyancers Act 2006 NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 1 OF THE NEW ZEALAND

More information

Claims Against Public Officials. Introduction. Negligence inconsistent duties of public officials. Client Newsletter

Claims Against Public Officials. Introduction. Negligence inconsistent duties of public officials. Client Newsletter Litigation Client Newsletter Claims Against Public Officials Recent Significant Cases February 2008 Introduction This newsletter throws a spotlight on negligence claims against the police and raises the

More information

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2014] NZLCDT 32 LCDT 027/13

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2014] NZLCDT 32 LCDT 027/13 NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2014] NZLCDT 32 LCDT 027/13 IN THE MATTER of an Appeal under Section 42 of the Lawyers and Conveyancers Act 2006 BETWEEN HIEROPHANTIC HARLEQUINESQUE

More information

- - - - - - - - - - - - - - - - - - - - Marshall. - and - The Price Partnership Solicitors - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - Marshall. - and - The Price Partnership Solicitors - - - - - - - - - - - - - - - - - - - - Neutral Citation Number: [2013] EWHC 4256 (QB) IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION Case No: 1HQ/13/0265 1HQ/13/0689 Royal Courts of Justice Strand, London, WC2A 2LL BEFORE: Wednesday, 2

More information

Accounting and Controls in law practices

Accounting and Controls in law practices Accounting and Controls in law practices TRUST MONEY & TRUST RECORDS Accounting and Support Staff Trust Accounts Department Law Society of New South Wales 170 Phillip Street, Sydney NSW 2000 1 July 2015

More information

FOREIGN LAWYERS AND THE PRACTISE OF FOREIGN LAW IN AUSTRALIA

FOREIGN LAWYERS AND THE PRACTISE OF FOREIGN LAW IN AUSTRALIA FOREIGN LAWYERS AND THE PRACTISE OF FOREIGN LAW IN AUSTRALIA AN INFORMATION PAPER LAW COUNCIL OF AUSTRALIA Disclaimer This information paper has been prepared by the Law Council of Australia with the aim

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

Fairness at Work (Grievance Policy & Procedure)

Fairness at Work (Grievance Policy & Procedure) Fairness at Work (Grievance Policy & Procedure) Publication Scheme Y/N Department of Origin Policy Holder Author Related Documents Can be Published on Force Website HR Operations Head of HR Operations

More information

FAMILY COURT PRACTICE NOTE LAWYER FOR THE CHILD: SELECTION, APPOINTMENT AND OTHER MATTERS

FAMILY COURT PRACTICE NOTE LAWYER FOR THE CHILD: SELECTION, APPOINTMENT AND OTHER MATTERS PRINCIPAL FAMILY COURT JUDGE S CHAMBERS FAMILY COURT PRACTICE NOTE LAWYER FOR THE CHILD: SELECTION, APPOINTMENT AND OTHER MATTERS 1 BACKGROUND 1.1 The terms of this Practice Note have been settled in consultation

More information

IN THE LEGAL PRACTITIONERS DISCIPLINARY TRIBUNAL ACTION NO. 9 OF 2012 IN THE MATTER OF: THE LEGAL PRACTITIONERS ACT 1981. and IN THE MATTER OF:

IN THE LEGAL PRACTITIONERS DISCIPLINARY TRIBUNAL ACTION NO. 9 OF 2012 IN THE MATTER OF: THE LEGAL PRACTITIONERS ACT 1981. and IN THE MATTER OF: IN THE LEGAL PRACTITIONERS DISCIPLINARY TRIBUNAL ACTION NO. 9 OF 2012 IN THE MATTER OF: THE LEGAL PRACTITIONERS ACT 1981 and IN THE MATTER OF: VICTOR KUDRA 1. The Practitioner is charged with unprofessional

More information

Queensland building work enforcement guidelines

Queensland building work enforcement guidelines Queensland building work enforcement guidelines Achieving compliance of building work with the provisions of the Building Act 1975 and the Integrated Planning Act 1997 Effective 1 September 2002 Contents

More information

INSOLVENCY CODE OF ETHICS

INSOLVENCY CODE OF ETHICS LIST OF CONTENTS INSOLVENCY CODE OF ETHICS Paragraphs Page No. Definitions 2 PART 1 GENERAL APPLICATION OF THE CODE 1-3 Introduction 3 4 Fundamental Principles 3 5-6 Framework Approach 3 7-16 Identification

More information

Architects Accreditation Council of Australia. Regulation of the Architect Profession within Australia An Overview

Architects Accreditation Council of Australia. Regulation of the Architect Profession within Australia An Overview Architects Accreditation Council of Australia Regulation of the Architect Profession within Australia An Overview February 2015 Table of Contents 1. Introduction... 3 2. Registration Requirements for Individuals...

More information

Code of Conduct for registered migration agents

Code of Conduct for registered migration agents Code of Conduct for registered migration agents Current from 1 JULY 2012 SCHEDULE 2: CODE OF CONDUCT (regulation 8) Migration Act 1958, subsection 314(1) THIS CODE OF CONDUCT SHOULD BE DISPLAYED PROMINENTLY

More information

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov.

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov. 12 May 2014 Geoff Bowyer T 03 9607 9497 F 03 9607 5270 president@liv.asn.au Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001 By Email to: info@alrc.gov.au

More information

GUIDELINES AUSTRALIAN TAXATION OFFICE - ACCESS TO LAWYERS' PREMISES

GUIDELINES AUSTRALIAN TAXATION OFFICE - ACCESS TO LAWYERS' PREMISES GUIDELINES AUSTRALIAN TAXATION OFFICE - ACCESS TO LAWYERS' PREMISES These guidelines have been agreed between the Commissioner of Taxation (Commissioner) and the Law Council of Australia (Council) in relation

More information

BRACKNELL FOREST COUNCIL ADULT SOCIAL CARE & HEALTH DEBT RECOVERY POLICY & PROCEDURES

BRACKNELL FOREST COUNCIL ADULT SOCIAL CARE & HEALTH DEBT RECOVERY POLICY & PROCEDURES BRACKNELL FOREST COUNCIL ADULT SOCIAL CARE & HEALTH DEBT RECOVERY POLICY & PROCEDURES POLICY DOCUMENT Table of Contents 1. Definitions and Abbreviations... 3 2. Legal Status... 4 3. Principles for Debt

More information

Legal Costs, Cost Agreements, Disclosure & Billing under the The Legal Profession Uniform Law. NSW Law Society Seminar

Legal Costs, Cost Agreements, Disclosure & Billing under the The Legal Profession Uniform Law. NSW Law Society Seminar Legal Costs, Cost Agreements, Disclosure & Billing under the The Legal Profession Uniform Law NSW Law Society Seminar John Fleming Solicitor (Legal Costs Unit) Law Society of NSW Tel: (02) 9926 0373 Email:

More information

Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010)

Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010) Transport Accident Act Common Law Protocols 1 April 2005 (amended as from March 2010) 1. INTRODUCTION 1.1 Consistent with its mission and vision statement, Client Service Charter and public commitment

More information

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2013-404-5198 [2014] NZHC 1181. BECKETT BOOKS LIMITED Applicant

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2013-404-5198 [2014] NZHC 1181. BECKETT BOOKS LIMITED Applicant IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2013-404-5198 [2014] NZHC 1181 BETWEEN AND BECKETT BOOKS LIMITED Applicant MOVING OUT 2012 LIMITED Respondent Hearing: 20 May 2014 Appearances: Mr

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

Effective from 1 January 2009. Code of Ethics for insolvency practitioners.

Effective from 1 January 2009. Code of Ethics for insolvency practitioners. INSOLVENCY PRACTITIONERS (PART D) Effective from 1 January 2009. Code of Ethics for insolvency practitioners. On 1 January 2014 a minor change was made to paragraph 400.3 of the code. The change clarifies

More information

BULLETIN NO 25 JUNE 2000

BULLETIN NO 25 JUNE 2000 BULLETIN NO 25 JUNE 2000 OLD PASSBOOK & TERM DEPOSIT ACCOUNTS: REVISED APPROACH This office receives a large number of complaints from people who have: Found old passbooks showing credit balances; Presented

More information

COAG National Legal Profession Reform Discussion Paper: Trust money and trust accounting

COAG National Legal Profession Reform Discussion Paper: Trust money and trust accounting COAG National Legal Profession Reform Discussion Paper: Trust money and trust accounting Purpose The purpose of this Paper is to outline the Taskforce s preferred approach to regulation of trust money

More information

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Act No. 40 of 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title....................................................

More information

APPEARANCES Mr R Earwaker and Mr M Treleaven on behalf of applicant Mr D Jones QC (withdrew before hearing began), respondent did not appear

APPEARANCES Mr R Earwaker and Mr M Treleaven on behalf of applicant Mr D Jones QC (withdrew before hearing began), respondent did not appear NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2010] NZLCDT 17 LCDT 001/10 and 010/09 IN THE MATTER BETWEEN of the Lawyers and Conveyancers Act 2006 AUCKLAND STANDARDS COMMITTEE Applicant

More information

THE FIRTH V SUTTON DECISIONS

THE FIRTH V SUTTON DECISIONS THE FIRTH V SUTTON DECISIONS Introduction In professional negligence proceedings against a solicitor, the court s aim is to determine what amount of money would put the plaintiff in the position he would

More information

Banking & Finance Terms of Reference

Banking & Finance Terms of Reference Banking & Finance Terms of Reference These Terms of Reference apply to those members of the Financial Ombudsman Service Limited who have been designated as having the Banking & Finance Terms of Reference

More information

Litigation schemes and proof of debt schemes: Managing conflicts of interest

Litigation schemes and proof of debt schemes: Managing conflicts of interest REGULATORY GUIDE 248 Litigation schemes and proof of debt schemes: Managing conflicts of interest April 2013 About this guide This guide sets out our approach on how a person who provides a financial service

More information

Downloaded from the website of the Data Protection Commissioner on 26 th July, 2011.

Downloaded from the website of the Data Protection Commissioner on 26 th July, 2011. Case Studies relating to privilege and solicitors Downloaded from the website of the Data Protection Commissioner on 26 th July, 2011. 6/2001 CASE STUDY 6/01 Legal firm identification of source of personal

More information

INSURANCE BROKERS CODE OF PRACTICE

INSURANCE BROKERS CODE OF PRACTICE INSURANCE BROKERS CODE OF PRACTICE INSURANCE BROKERS CODE OF PRACTICE OVERVIEW 4-5 IMPORTANT BACKGROUND INFORMATION What does the Code do for you? (Code Objectives) How to navigate the Code How up to date

More information

LawCover. Professional Indemnity Insurance Policy 2009/2010 116693148 \ 0421663 \ AZO01

LawCover. Professional Indemnity Insurance Policy 2009/2010 116693148 \ 0421663 \ AZO01 LawCover Professional Indemnity Insurance Policy 2009/2010 116693148 \ 0421663 \ AZO01 This Policy sets out the conditions on which we agree to insure you. When reading this Policy, please note the use

More information

SAMPLE. Professional Indemnity Insurance (PII) Policy 2015/16. lawcover.com.au Page 1

SAMPLE. Professional Indemnity Insurance (PII) Policy 2015/16. lawcover.com.au Page 1 Professional Indemnity Insurance (PII) Policy 2015/16 Lawcover Insurance Pty Limited ABN 15 095 082 509 Level 13, 383 Kent Street Sydney NSW 2000 DX 13013 Sydney Market Street Telephone: 1800 650 748 (02)

More information

Client Care and Terms and Conditions

Client Care and Terms and Conditions Client Care and Terms and Conditions Introduction We set out below our standard terms and conditions which apply if we act for you. We also provide you with information relating to the Rules of Conduct

More information

FAMILY LAW AMENDMENT (ARBITRATION AND OTHER MEASURES) RULES 2015 EXPLANATORY STATEMENT. Explanatory Statement to F2015L02119

FAMILY LAW AMENDMENT (ARBITRATION AND OTHER MEASURES) RULES 2015 EXPLANATORY STATEMENT. Explanatory Statement to F2015L02119 FAMILY LAW AMENDMENT (ARBITRATION AND OTHER MEASURES) RULES 2015 EXPLANATORY STATEMENT 1 Table of Contents 1. GENERAL OUTLINE 4 Schedule 1 Amendments relating to arbitration 4 Schedule 2 Amendments relating

More information

LIV Limitation of Liability Scheme Guide UPDATED AUGUST 2015

LIV Limitation of Liability Scheme Guide UPDATED AUGUST 2015 LIV Limitation of Liability Scheme Guide UPDATED AUGUST 2015 2 Professional benefits for LIV members The LIV is pleased to have in force a Limitation of Liability Scheme pursuant to the Professional Standards

More information

INCORPORATED LEGAL PRACTICES

INCORPORATED LEGAL PRACTICES The Law Society of New South Wales ACN 000 000 699 170 Phillip Street Sydney NSW 2000 Australia DX 362 Sydney Ph: (02) 9926 0156 Fax: (02) 9226 0257 E-mail: registry@lawsociety.com.au INCORPORATED LEGAL

More information

PRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT

PRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT PRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT 1 INTRODUCTION AND COMMENCEMENT 1.1 This Code of Conduct for lawyers appointed to act for children in Family Court proceedings replaces the previous

More information

ADDRESSING SPECIFIC ISSUES IN TAX

ADDRESSING SPECIFIC ISSUES IN TAX Chapter 8 ADDRESSING SPECIFIC ISSUES IN TAX ADMINISTRATION Problems identified in previous chapters have often shown up as part of the operation of the tax administration. The pressure created on the operation

More information

The Court of Protection Rules 2007

The Court of Protection Rules 2007 STATUTORY INSTRUMENTS 2007 No. 1744 (L. 12) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection Rules 2007 Made - - - - - 25th June 2007 Laid before Parliament 4th July 2007 Coming into force -

More information

Victorian Bar Incorporated Clerks' (Audit and Trust Money) Practice Rules

Victorian Bar Incorporated Clerks' (Audit and Trust Money) Practice Rules Victorian Bar Incorporated Clerks' (Audit and Trust Money) Practice Rules 28 November 2003 Contents 1. PRELIMINARY 3 2. APPROVED CLERKS 5 3. ESTABLISHMENT OF TRUST ACCOUNT 6 4. DEPOSIT OF TRUST MONEY WITH

More information

COURT PRACTICE AND PROCEDURE FOR EXPERTS

COURT PRACTICE AND PROCEDURE FOR EXPERTS COURT PRACTICE AND PROCEDURE FOR EXPERTS Justice Peter Biscoe 1. It is a pleasure to present this paper to the Environmental Institute of Australia and New Zealand s Professional Environmental Practice

More information

Witness Protection Act 1995 No 87

Witness Protection Act 1995 No 87 New South Wales Witness Protection Act 1995 No 87 Status information Currency of version Current version for 5 October 2012 to date (generated 10 October 2012 at 19:15). Legislation on the NSW legislation

More information

Rule 60A - Child and Adult Protection

Rule 60A - Child and Adult Protection Rule 60A - Child and Adult Protection Scope of Rule 60A 60A.01(1) This Rule is divided into four parts and it provides procedure for each of the following: (c) (d) protection of a child, and other purposes,

More information

WELLINGTON CITY COUNCIL Appellant. COLIN JAMES DALLAS Respondent. French, Winkelmann and Asher JJ

WELLINGTON CITY COUNCIL Appellant. COLIN JAMES DALLAS Respondent. French, Winkelmann and Asher JJ IN THE COURT OF APPEAL OF NEW ZEALAND CA148/2014 [2015] NZCA 126 BETWEEN AND WELLINGTON CITY COUNCIL Appellant COLIN JAMES DALLAS Respondent Court: Counsel: French, Winkelmann and Asher JJ D J Heaney QC

More information

6. Compliance audit of a real estate agent s trust account

6. Compliance audit of a real estate agent s trust account 6. Compliance audit of a real estate agent s trust account 6. Compliance audit of a real estate agent s trust account 6:2 Audit of a real estate agent s trust account: Overview 6:2 Purpose 6:2 Legislation

More information

Submission: Productivity Commission May 2014. Access to Justice

Submission: Productivity Commission May 2014. Access to Justice Submission: Productivity Commission May 2014 Access to Justice Inquiries to: Ms Julie Phillips Manager Disability Discrimination Legal Service Inc Ph: (03) 9654-8644 Email: info@ddls.org.au Web: www.communitylaw.org.au/ddls

More information

017 Fit and proper person policy statement v1.0

017 Fit and proper person policy statement v1.0 017 Fit and proper person policy statement v1.0 Purpose 1. The purpose of this policy statement is to provide the Board s interpretation of the term fit and proper person in Part 2.4 of the Legal Profession

More information

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed Unfair Dismissal Overview This module contains information on the new unfair dismissal laws and covers off the following matters: Definitions surrounding unfair dismissal The Small Business Fair Dismissal

More information

Submission by AFA Pty Ltd on the development of new Terms of Reference for the Financial Ombudsman Service

Submission by AFA Pty Ltd on the development of new Terms of Reference for the Financial Ombudsman Service Submission by AFA Pty Ltd on the development of new Terms of Reference for the Financial Ombudsman Service Preamble AFA Pty Ltd does not operate as an insurer in its own right, but offers its products

More information

NO. 14-B-0619 IN RE: DAVID P. BUEHLER ATTORNEY DISCIPLINARY PROCEEDINGS

NO. 14-B-0619 IN RE: DAVID P. BUEHLER ATTORNEY DISCIPLINARY PROCEEDINGS 05/23/2014 "See News Release 028 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 14-B-0619 IN RE: DAVID P. BUEHLER ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM Pursuant to Supreme

More information

USING LAWYERS IN HONG KONG

USING LAWYERS IN HONG KONG USING LAWYERS IN HONG KONG This Guide deals in general terms with using lawyers in Hong Kong. It aims to help a seafarer understand the legal profession in Hong Kong, and how to select, engage and if need

More information

PUBLISHED AS A PUBLIC SERVICE BY THE OFFICE OF DISCIPLINARY COUNSEL

PUBLISHED AS A PUBLIC SERVICE BY THE OFFICE OF DISCIPLINARY COUNSEL This information has been prepared for persons who wish to make or have made a complaint to The Lawyer Disciplinary Board about a lawyer. Please read it carefully. It explains the disciplinary procedures

More information

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett I was asked to deliver a paper in relation to costs which are payable under the various regimes where claimants

More information

Information for registrants. What happens if a concern is raised about me?

Information for registrants. What happens if a concern is raised about me? Information for registrants What happens if a concern is raised about me? Contents About this brochure 1 What is fitness to practise? 1 What can I expect from you? 3 How are fitness to practise concerns

More information

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT [2014] JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN

More information

Alternative Dispute Resolution Can it work for Administrative Law?

Alternative Dispute Resolution Can it work for Administrative Law? Alternative Dispute Resolution Can it work for Administrative Law? The Honourable Justice Garde AO RFD, President of VCAT Paper delivered on 26 February 2014 to a seminar hosted by the Australian Institute

More information

AUTOMART LIMITED V. WAQA ROKOTUINASAU - ERCA NO. 9 OF 2012 JUDGMENT

AUTOMART LIMITED V. WAQA ROKOTUINASAU - ERCA NO. 9 OF 2012 JUDGMENT IN THE EMPLOYMENT RELATIONS COURT AT SUVA APPELLATE JURISDICTION CASE NUMBER: ERCA NO. 09 OF 2012 BETWEEN: AUTOMART LIMITED APPELLANT AND: WAQA ROKOTUINASAU RESPONDENT Appearances: Ms. Drova for the Appellant.

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Andrew Thurlow & Suzanne Innocenzi v The Architect Studio Pty Ltd [2008] NTMC 005 THE ARCHITECT STUDIO PTY LTD

Andrew Thurlow & Suzanne Innocenzi v The Architect Studio Pty Ltd [2008] NTMC 005 THE ARCHITECT STUDIO PTY LTD CITATION: PARTIES: Andrew Thurlow & Suzanne Innocenzi v The Architect Studio Pty Ltd [2008] NTMC 005 ANDREW THURLOW SUZANNE INNOCENZI v THE ARCHITECT STUDIO PTY LTD TITLE OF COURT: JURISDICTION: Local

More information

Employment (Bullying at Work)

Employment (Bullying at Work) Employment (Bullying at Work) 2014-07 EMPLOYMENT (BULLYING AT WORK) ACT 2014 Principal Act Act. No. 2014-07 Commencement [LN. 2014/164] 18.9.2014 Assent 27.2.2014 Amending enactments Relevant current provisions

More information

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited

More information

INSURANCE BROKERS CODE OF PRACTICE

INSURANCE BROKERS CODE OF PRACTICE INSURANCE BROKERS CODE OF PRACTICE BUILDING PROFESSIONAL COMPETENCE AND CONSUMER CONFIDENCE The insurance broking profession is about helping you to navigate the unavoidable complexities of insurance products

More information

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE A. INTRODUCTION 1. This document lays down the Code of Practice ( Code ) for the conduct of criminal proceedings

More information

Resolving tenancy disputes

Resolving tenancy disputes Tenancy Facts Information for tenants and residents in Queensland Resolving tenancy disputes When you rent a place to live in Queensland, you have rights and responsibilities under the Residential Tenancies

More information

A practical guide to representing yourself in Australian courts and tribunals

A practical guide to representing yourself in Australian courts and tribunals A practical guide to representing yourself in Australian courts and tribunals N o n - c r i m i n a l c a s e s N a d i n e B e h a n A Redfern Legal Centre Publishing book Published

More information

CONCERNING CONCERNING. BETWEEN Applicant. The names and indentifying details of the parties in this decision have been changed.

CONCERNING CONCERNING. BETWEEN Applicant. The names and indentifying details of the parties in this decision have been changed. LCRO 241/2011 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of Auckland Standards Committee 2 BETWEEN SI Applicant

More information

Queensland WHISTLEBLOWERS PROTECTION ACT 1994

Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Act No. 68 of 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Section PART 1 PRELIMINARY TABLE OF PROVISIONS Division 1 Title and commencement Page 1 Short

More information

Practical guide... termination of employment

Practical guide... termination of employment The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer. The decision is also a

More information

GUIDELINES FOR INDEPENDENT CHILDREN S LAWYERS

GUIDELINES FOR INDEPENDENT CHILDREN S LAWYERS GUIDELINES FOR INDEPENDENT CHILDREN S LAWYERS (6 December 2007) These Guidelines have been endorsed by the Chief Justice of the Family Court of Australia, and also by the Federal Magistrates Court of Australia

More information

When the subpoena comes: Managing legal requests for client files. APS Professional Practice

When the subpoena comes: Managing legal requests for client files. APS Professional Practice When the subpoena comes: Managing legal requests for client files APS Professional Practice October 2012 Copyright 2012 When the subpoena comes: Managing legal request for client files Table of Contents

More information

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth Criminal Injuries Compensation By Helen Porter, Office of Criminal Injuries Compensation. INTRODUCTION In this

More information

The Mortgage Brokerages and Mortgage Administrators Act

The Mortgage Brokerages and Mortgage Administrators Act MORTGAGE BROKERAGES AND 1 The Mortgage Brokerages and Mortgage Administrators Act being Chapter M-20.1* of The Statutes of Saskatchewan, 2007 (effective October 1, 2010), as amended by the Statutes of

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

Health Care Complaints Commission. Complainant. Karanalu Vinatheya Prakash. Respondent. Dr E Kok Ms A Deveson JUDGMENT.

Health Care Complaints Commission. Complainant. Karanalu Vinatheya Prakash. Respondent. Dr E Kok Ms A Deveson JUDGMENT. Health Care Complaints Commission Complainant Karanalu Vinatheya Prakash Respondent Deputy Chair: Members: Judge A M Ainslie-Wallace Dr M Pasfield Dr E Kok Ms A Deveson JUDGMENT Introduction: This is an

More information

- - - - - - - - - - - - - - - - - - - - BAKER. - and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - BAKER. - and - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Neutral Citation Number: [2013] EWHC 2668 (QB) IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION BEFORE: Case No: QB/2013/0325 Royal Courts of Justice Strand, London, WC2A 2LL 31 July 2013 HIS HONOUR

More information

WORKERS' COMPENSATION APPEALS GUIDE INDUSTRIAL COURT OF QUEENSLAND AND QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

WORKERS' COMPENSATION APPEALS GUIDE INDUSTRIAL COURT OF QUEENSLAND AND QUEENSLAND INDUSTRIAL RELATIONS COMMISSION WORKERS' COMPENSATION APPEALS GUIDE INDUSTRIAL COURT OF QUEENSLAND AND QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Table of Contents 1. Purpose... 2 2. Definitions... 2 3. What is an Appeal?... 2 3.1 What

More information

LEGAL GUIDE TO RECOVERING A TRADE DEBT

LEGAL GUIDE TO RECOVERING A TRADE DEBT LEGAL GUIDE TO RECOVERING A TRADE DEBT Howat Avraam Solicitors A: 154 160 FLEET STREET, LONDON, EC4A 2DQ T: 020 7884 9400 E: Matthew.Howat@hasolicitors.co.uk Unpaid invoicing is a fact of life for most

More information

Summary of the 2009 Debt Collection Round Table convened by the Legal Services Commissioner of Victoria

Summary of the 2009 Debt Collection Round Table convened by the Legal Services Commissioner of Victoria Summary of the 2009 Debt Collection Round Table convened by the Legal Services Commissioner of Victoria Level 9, 330 Collins Street Melbourne VIC 3000 DX 185 Melbourne Phone: 1300 796 344 or 03 9679 8001

More information

Fact sheet: Duties of directors of a company limited by guarantee

Fact sheet: Duties of directors of a company limited by guarantee Fact sheet: Duties of directors of a company limited by guarantee Overview This fact sheet concerns the legal duties of directors and other officers of not-for-profit organisations that are incorporated

More information

Solicitors and executors commission: dangers, pitfalls, recent developments, case law and practical issue affecting lawyers

Solicitors and executors commission: dangers, pitfalls, recent developments, case law and practical issue affecting lawyers Solicitors and executors commission: dangers, pitfalls, recent developments, case law and practical issue affecting lawyers By Carol McOmish (Victorian Bar) Introduction 1. An executor owes a fiduciary

More information

THIRD SUPPLEMENT TO THE GIBRALTAR GAZETTE No. 4,044 of 12th December, 2013 BILL FOR. 2. In this Act, unless the context otherwise requires

THIRD SUPPLEMENT TO THE GIBRALTAR GAZETTE No. 4,044 of 12th December, 2013 BILL FOR. 2. In this Act, unless the context otherwise requires THIRD SUPPLEMENT TO THE GIBRALTAR GAZETTE No. 4,044 of 12th December, 2013 B. 24/13 BILL FOR AN ACT to prohibit bullying and victimisation in employment and for connected purposes. ENACTED by the Legislature

More information

Beattie v Secretary of State for Social Security,

Beattie v Secretary of State for Social Security, CASE ANALYSIS Income Support Capital to be treated as income - Structured settlement of damages for personal injury - Whether periodical payments that arise from the annuity are to be treated as income

More information

The Employment Tribunals Rules of Procedure 2013

The Employment Tribunals Rules of Procedure 2013 The Employment Tribunals Rules of Procedure 2013 (as subsequently amended up to 17 th February 2015) This document shows the Employment Tribunal Rules of Procedure contained in Schedule 1 of the Employment

More information

Professional Ethics in Liquidation and Insolvency

Professional Ethics in Liquidation and Insolvency COE Section 500 Issued February 2012Revised July 2015 Effective on 1 April 2012 Code of Ethics for Professional Accountants Part E Section 500 Professional Ethics in Liquidation and Insolvency SECTION

More information