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Lawyer who acted for both sides in employment case loses appeal of misconduct finding
Legal Ethics 2022-07-14 2:37 pm By Sam Matthews

A court has rejected an appeal by a lawyer who acted for both sides in an employment dispute between a company and its former managing director and advised the director to “take and park” over $370,000 from the company account as leverage.

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Law firms must come clean when drafting expert reports
Legal Ethics 2022-07-04 10:33 pm By Sam Matthews

A judge’s recent ruling throwing out an expert report in a trade secrets case because the law firm briefing the expert had failed to disclose its involvement in preparing the evidence is a stark reminder to solicitors their paramount duty is to the court, not to their client.

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Banksia class action solicitor suspended from roll for two years
Legal Ethics 2022-06-24 9:59 am By Christine Caulfield

The solicitor found to have acted as a “postbox” to hide conflicts of interest in the class action over Banksia Securities’ collapse has been suspended from the roll of practitioners in Victoria for two years, after a judge found he was presently unfit to practice.

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ATO takes aim at ‘reckless’ legal professional privilege claims
Legal Ethics 2022-06-22 10:25 pm By Cat Fredenburgh

The Australian Taxation Office has finalised its protocol for dealing with claims of legal professional privilege, developed in response to large companies asserting “reckless” privilege claims which the ATO says obstruct its investigations.

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Legal services board suspends law licence of wealth guru Grubisa
Legal Ethics 2022-06-22 3:54 pm By Sam Matthews

The Victorian Legal Services Board and Commissioner has suspended wealth guru Dominique Grubisa’s law licence, saying she is “not entitled to engage in legal practice anywhere in Australia” and could face further regulatory action.

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Ban on lawyer’s practicing certificate can’t be retroactive, appeals court says
Legal Ethics 2022-05-26 5:20 pm By Cindy Cameronne

An appeals court has overturned a decision banning a lawyer from practice with retrospective effect and ordering her to pay $20,000 in legal costs, after a tribunal sanctioned her for allegedly misleading a court employee and making ā€œoffensiveā€ remarks in 2016.

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Lawyer who refused to pay silk engaged in professional misconduct, tribunal finds
Legal Ethics 2022-05-24 5:32 pm By Sam Matthews

A lawyer who failed to pay $23,000 in fees to senior counsel and made a groundless complaint to the bar association to use as a ā€œbargaining chipā€ engaged in professional misconduct, a tribunal has found.

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Man suing judge for unlawful imprisonment blasts ‘hopeless’ defence
Trials 2022-05-24 8:13 pm By Cindy Cameronne

The state of Queensland has brought a “hopeless” defence in a $2.5 million suit alleging a Federal Circuit judge unlawfully imprisoned a Queensland man for contempt after he failed to comply with an order for particulars, a court has heard.

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Court accepts Ramsay Health in-house counsel ‘drowning in work’ during COVID-19
Legal Ethics 2022-05-11 9:00 pm By Sam Matthews

Ramsay Health Care Australia has been let off the hook for using emails subpoenaed in a defamation case between two feuding surgeons at one of its hospitals, with a judge accepting that an in-house lawyer was “mortified” by her mistake and was “drowning in work” at the time.

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WA lawyer fined $24,000, reprimanded for pursuing hopeless case
Business of Law 2022-04-26 9:01 pm By Cindy Cameronne

A Perth solicitor has been reprimanded and ordered to pay a $24,000 fine after a tribunal found he had engaged in unsatisfactory professional conduct for pursuing a case that was ā€œdoomed to failā€.

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