Annual Report 2008-09 - Legal Services Commissioner

APPENDICES
Complaints and Disputes outstanding
under the Legal Practice Act 1996 (the old Act)
3.8 Applications referred to VCAT prior to 1 July 2008 by the LSC pursuant to the Legal Practice
Act 1996 that were heard and determined in the period 1/07/08 to 30/06/09
No.
VCAT
reference
Date
charges
referred
and who
referred
Hearing
date(s)
Name of
Legal
Practitioner
Type of Charges
Finding
Date and
Orders made
1. J40/2008 22/02/2008
LSC
6/10/2008 JAYAKODY, Wimal Misconduct – failure to
communicate properly or
at all with clients; wilful or
reckless contravention Rule
12(1) Professional Conduct
& Practice Rules 2000;
contravention section 178
of the Act
Misconduct 7/10/2008 –
Reprimanded;
fined $3000; pay
LSC costs fixed at
$3176.20
2. J138/2007 29/06/2007
LSC
21/10/2008 HARLE, Douglas Misconduct – acting in
a situation of conflict of
interest (x3); failing to lodge
caveat to protect client’s
interests, failing to register
mortgage notwithstanding
instructions and
disbursement authority
for payment; failing to pay
moneys notwithstanding
disbursement authority
Unsatisfactory
conduct and
Misconduct at
common law
21/10/2008 – may
not apply for any
form of practising
certificate before
1 July 20011; pay
applicant’s costs
to be taxed on
scale D of County
Court scale of
costs in default of
agreement
3. J105/2007 24/05/2007
LSC
1/07/2008 TESTART, Pierre Misconduct – while
bankrupt & failing to make
contributions to trustee and
failing to pay income tax
on further income earned,
made payments to defacto
partner enabling her to
acquire property; providing
misleading statement to
Bar Ethics Committee re
complaint
Misconduct 22/08/2008 –
Reprimanded;
Fined $15,000; pay
LSC costs fixed at
$24,720.22
* There was one other application made prior to 1 July 2008 that was withdrawn by the Legal Services Commissioner before it was heard and determined.
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Legal Services COMMISSIONER 2009 Annual Report