Megafirm partner who stole to make budget gets his ticket back after long...
The latest application for review of a decision of the Legal Services Board decision not to grant a practising certificate was in the matter of DAP v Law Institute of Victoria [2008] VCAT 688. The 57...
View ArticleChild porn accused gets ticket back on strict conditions
Almost 3 months ago, a 71 year old sole practitioner who has practiced for 28 years was charged with knowingly possessing child pornography and knowingly transmitting an image of a child having sex. He...
View ArticleBarristers never used to need practising certificates
Justice Fullagar narrated the history of practising certificates and barristers in Victorian Lawyers RPA Limited v Henderson [1999] VLPT 13: ‘For brevity we shall refer collectively to the succession...
View ArticleLawyer to gangland figures not guilty of alleged crimes
The Crown entered a nolle prosequi on Tuesday on the charges of giving false evidence against Melbourne’s best known female criminal lawyer, Z G-W. In other words, they dropped the charges before trial...
View ArticleBurden of proof in actions to cancel a practising certificate or strike a...
In Stanoevski v Council of the Law Society of NSW [2008] NSWCA 93, Justice of Appeal Campbell, with whom Justice of Appeal Hodgson and Acting Justice of Appeal Handley agreed, has provided important...
View ArticleSex offence doctor’s VCAT success stayed pending appeal
The Herald Sun has been active recently with front page excoriation of VCAT’s professional regulatory review jurisdiction for letting loose on the public again those they have described in unusually...
View ArticleCriminal records
I have defended more than one lawyer whose client said the lawyer had failed to advise him properly as to the consequences of a guilty plea. There are many more gradations of disposition of criminal...
View ArticleA mistake not to make
University of Western Australia v Gray (No 25) [2009] FCA 1227 is a horror story. Gray won and Justice French ordered the University to pay his costs. It was a big case. But the University contended...
View ArticleHow not to correspond with the person you’re seeking a practising certificate...
A decision of the Supreme Court is another lesson in the perils of self-representation. What started off as a failure to lodge income tax returns for a few years snowballed into a situation where the...
View ArticleApplications for reinstatement to the roll of practitioners
Generally, if you are struck off and want to be reinstated to the roll of practitioners, it is necessary credibly to exhibit remorse for the conduct which led to your being struck off. Pity the person...
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