Archive for the 'Professional Conduct' Category

Duty of litigation practitioners to prepare for hearings and costs restrictions from Legal Aid

Thursday, July 29th, 2010

 Re: N (a solicitor) [2010] QSC 267
CATCHWORDS:
Profession and trades – Lawyers – Duties and liabilities – Duties to court – Generally – Duty to ensure matters are dealt with expeditiously – Criminal matter
Legal Profession Act 2007 (Qld), s 418
Ashmore v Corporation of Lloyd’s [1992] 1 WLR 446, cited
Fryberg J
In a professional conduct decision which flowed [...]

Legal Profession Act – client or 3rd party

Sunday, May 23rd, 2010

Legal Services Commissioner v Wright [2010] QSC 168
The Legal Services Commissioner brought an original application for the provision of an itemised account in the circumstances of a family law settlement, where the other party (Ms Anderson) had the benefit of the transfer of property, but was not the client of the solicitor upon whom the [...]

Barristers duty of care & immunity from suit

Wednesday, April 14th, 2010

Amos v Wiltshire [2010] QDC 138
 
The background was the plaintiff’s unsuccessful claim and appeal against Monsour Pty Ltd and others in respect of a costs order following a fraud allegation. The fraud allegation was rejected as ‘unsustainable’.
The plaintiff’s claim against his barrister in the above proceedings was on the basis that the barrister had given [...]

Professional Misconduct – overcharging and untruthfulness

Thursday, October 29th, 2009

 

Legal Services Commissioner v Dempsey (No. 2) [2009] LPT 23
The Tribunal recommended Mr Dempsey be removed from the roll of legal practitioners in Queensland and pay compensation to Rafaela Oats in the sum of $17,232.72.
The Tribunal made findings as follows:
[3] The Tribunal is of the view that Mr Dempsey was not “a fit and proper [...]

David Cormack, Barrister