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Open offer under cover of denial of negligence averts hearing
Chen’s Case [2006] VCAT 748 (Senior Member Howell): costs; s. 132(b); s. 133(2); s. 407 (see the associated disciplinary decision here) A solicitor averted being found negligent by openly offering to...
View ArticleMr Howell releases Client from implied undertaking as to documents
Alessi’s Case is a long-running application to set aside a costs agreement commenced in the Legal Profession Tribunal in 2003. The Alessis succeeded in having their solicitor’s costs agreement...
View ArticleRes judicata: VCAT strikes out case previously decided by Legal Profession...
Wells’s Case [2006] VCAT 2370 (Senior Member Howell, 16 November 2006) I have always thought I was the only person in the world who held the view that an unsuccessful claimant in the Legal Profession...
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2nd edition of Professional Liability in Australia reviewed
I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser‘s excellent Professional Liability in Australia, published by Thomson, and had been waiting for...
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