Annual Report 2008-09 - Legal Services Commissioner

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APPENDICES Complaints under the Legal Profession Act 2004 2.16 Disciplinary applications referred to VCAT in the period 1/7/08 to 30/6/09 in which the application was awaiting hearing and/or determination as at 30 June 2009 Practitioner Date charges referred Type of Charges Status Case 1 10/03/2009 Misconduct at common law: failure to take sufficient care to ascertain the accuracy of the content of an affidavit (x 2), Unsatisfactory professional conduct: failure to take sufficient care to ensure information and instructions conveyed were accurate and complete and not liable to mislead Part heard. Awaiting further hearing date Case 2 13/03/2009 Professional misconduct: contravention of s4.4.11(1)(a) and (b) failure to comply with a request to provide a full written explanation of conduct and documents/ information regarding a disciplinary complaint Part heard. Awaiting further hearing date Case 3 13/03/2009 Professional misconduct: contravention of s4.4.11(1)(a) failure to comply with a request to provide a full written explanation of conduct regarding a disciplinary complaint Part heard. Awaiting further hearing date Case 4 13/03/2009 Professional misconduct: contravention of s4.4.11(1)(b) failure to comply with a request to provide a statutory declaration verifying explanation of conduct regarding a disciplinary complaint (x3) Part heard. Awaiting further hearing date Case 5 25/03/2009 Misconduct at common law: misleading the Court - knowingly withholding a document when giving discovery in the Supreme Court & for own personal benefit misled a person practitioner had entered into a commercial transaction with, breaching oath and duty to court by knowingly giving false evidence in court Adjourned to 1/07/2009 Case 6 23/03/2009 Professional misconduct: contravention of s4.4.11(1)(a) and (b) failure to comply with a request to provide a full written explanation of conduct regarding a disciplinary complaint; failure to comply with a request to provide file Listed for directions hearing 1 July 2009 Case 7 1/04/2009 Professional misconduct: contravention of s4.4.11(1)(a) (b) failure to comply with a request for full written explanation of conduct re complaint and failure to comply with request for documents and trust records re disciplinary complaint Adjourned to a date to be fixed Case 8 3/04/2009 Professional misconduct: failure to comply with an order of VCAT made on 14/2/2006 Case 9 21/04/2009 Professional misconduct: contravention of Rule 22.1 of the Professional Conduct and Practice Rules 2005 – failure to honour an undertaking given to another legal practitioner Listed for directions hearing on 1 July 2009 Listed for hearing on 2 July 2009 Case 10 22/04/2009 Professional misconduct: failure to hold trust money exclusively for the person on whose behalf it was received; disbursing trust money other than in accordance with directions in contravention of the Act and Regulation 3.3.34 of the Legal Profession Regulations 2005 Listed for hearing on 7 July 2009 Case 11 4/05/2009 Professional misconduct: contravention of s4.4.11(1)(a) failure to comply with a request to provide a full written explanation of conduct regarding a disciplinary complaint Listed for hearing on 20 July 2009 Case 12 13/05/2009 Professional misconduct: contravention of s4.4.11(1)(b) failure to comply with a request to provide specific comments or explanation in relation to response by statutory declaration; failure to provide original file in relation to disciplinary complaint Adjourned to a date to be fixed 118 Legal Services COMMISSIONER 2009 Annual Report
APPENDICES Complaints under the Legal Profession Act 2004 Practitioner Date charges referred Type of Charges Status Case 13 19/05/2009 Professional misconduct: contravention of s4.4.11(1)(b) failure to comply with a request to provide documents regarding a disciplinary complaint Listed for hearing on 27 July 2009 Case 14 26/05/2009 Professional misconduct: failure to comply with orders of VCAT made under the Act on 15/12/2008 Listed for hearing on 2 July 2009 Case 15 27/05/2009 Professional misconduct: contravention of s4.4.11(1)(a) failure to comply with a request to provide a full written explanation of conduct regarding a disciplinary complaint Listed for hearing on 13 July 2009 Case 16 3/06/2009 Professional misconduct: contravention of s4.4.11(1)(b) failure to comply with a request to provide documents regarding a disciplinary complaint Listed for hearing on 29 July 2009 Case 17 5/06/2009 Professional misconduct: contravention of s4.4.11(1)(b) failure to comply with a request to provide further information regarding a disciplinary complaint Awaiting hearing date Case 18 9/06/2009 Professional misconduct: (i) contravention of Rule 1.1 Professional Conduct and Practice Rules 2003 failure to act in best interests of client; (ii) contravention of Rule 8.2 PCPR 2003 failure to avoid a conflict of interests; (iii) contravention Rule 3(a)(i) PCPR 2003 failure to ensure complainant consented to practitioner acting for another party; (iv) & (v) contravention of Rule 8.5.1 PCPR 2003 failure to inform complainant of potential disadvantages of acting for both purchaser and vendor in connection with sale of land; (vi) contravention of Rule 8.2 PCPR 2003 failure to immediately cease acting upon discovering a conflict of interest; (vii) agreeing to act for another person whose interests were against those of client. Awaiting hearing date Case 19 10/06/2009 Professional misconduct: contravention of s4.4.11(1)(b) failure to comply with a request to provide further information and documents regarding a disciplinary complaint Awaiting hearing date Case 20 15/06/2009 Professional misconduct and misconduct at common law: in submitting a research paper which contained deliberate plagiarism, for assessment in a subject in a postgraduate degree; submitting an article which contained deliberate plagiarism for publication Awaiting hearing date Case 21 16/06/2009 Professional misconduct: contravention of s4.4.11(1)(a) failure to comply with a request to provide a full written explanation of conduct regarding a disciplinary complaint Awaiting hearing date Case 22 24/06/2009 Professional misconduct: contravention of s4.4.11(1)(a) - failure to comply with a request to provide a full written explanation of conduct regarding a disciplinary complaint Awaiting hearing date Case 23 29/06/2009 Professional misconduct: contravention of Rule 23.2 Professional Conduct and Practice Rules 2005 failure to promptly deliver documents and information where required (x 3); contravention of Rule 21 PCPR 2005 ignoring written communications from another practitioner Awaiting hearing date Legal Services COMMISSIONER 2009 Annual Report 119
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A N N UA L R E P O R T 2009
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Table of Contents Chapter 1 - About
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Our Mission: The Legal Services Com
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Chapter ONE About the Legal Service
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Chapter TWO Handling complaints Obj
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Chapter TWO Handling complaints A c
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Chapter TWO Handling complaints A m
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Chapter TWO Handling complaints Com
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Chapter TWO Handling complaints Our
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Chapter TWO Handling complaints Dis
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Chapter TWO Handling complaints Cas
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Chapter TWO Handling complaints •
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Chapter THREE Educating the legal p
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Chapter FOUR Educating the communit
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Chapter FIVE Projects and research
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Chapter SIX Human Resources Objecti
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Chapter SIX Human Resources Figure:
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Chapter SIX Human Resources Organis
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Chapter SIX Human Resources Table:
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Chapter SIX Human Resources Human R
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Chapter seven Governance Objective:
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Chapter SEVEN Governance National C
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Chapter SEVEN Governance Office-Bas
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Chapter SEVEN Governance Indicator
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Chapter EIGHT FINANCIAL STATEMENTS
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Chapter EIGHT Financial Statements
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Page 69 and 70: Chapter EIGHT Financial Statements
Page 101: Chapter EIGHT Financial Statements
Page 104 and 105: APPENDICES Introduction to Complain
Page 106 and 107: APPENDICES Complaints under the Leg
Page 124 and 125: APPENDICES Complaints and Disputes
Page 130 and 131: APPENDICES Delegations Date of Dele
Page 132 and 133: APPENDICES Delegations Date of Dele
Page 134 and 135: APPENDICES Delegations 4.2 Delegati
Page 136 and 137: APPENDICES Disclosure Index DISCLOS
Page 138 and 139: APPENDICES Disclosure Index Legisla
Page 140: Level 9, 330 Collins Street MELBOUR
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Annual Report 2008-09 - Legal Services Commissioner

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