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District Court permanently stays Volkers prosecution

Posted on Categories Criminal law, Human rightsTags , , , , , 2 Comments on District Court permanently stays Volkers prosecution

The District Court has decided to not allow charges of indecent dealing to proceed due to the long history and unreasonable delays in the matter.

Scott Volkers

The facts

On 26 March 2002, Scott Volkers was arrested in relation to alleged indecently dealing of a 12 year old female swimmer in 1987.

On 16 June 2002, Volkers was charged with indecently dealing of a 13 year old female swimmer in 1984 and 1985.

On 25 July 2002, he was committed to stand trial on seven counts of indecent dealing involving the two complainants. Continue reading “District Court permanently stays Volkers prosecution”

The law of lawyers bills in Queensland

Posted on Categories civil litigation, Legal profession, litigation, Professional feesTags , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 3 Comments on The law of lawyers bills in Queensland

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Introduction

For a very long time in Commonwealth legal systems, the legal profession has been regulated for the benefit of clients of lawyers and the public at large. Among other things, there has been a recognised public interest in protecting those liable to pay legal fees from overcharging by lawyers. One of those protections is and has been the legal requirement for a bill to be provided so that the client can seek advice on the fees and charges.

As a result, one of the many modern obligations that lawyers in English legal systems have to comply with in the course of legal practice is to provide clients and any other persons liable for their fees with proper bills before such persons can be liable for or sued for such fees. Continue reading “The law of lawyers bills in Queensland”

Why Nicola Gobbo informed against her own clients

Posted on Categories Criminal law, Legal professionTags , , , , 2 Comments on Why Nicola Gobbo informed against her own clients

Gobbo

This blog has previously reported on former barrister Nicola Gobbo  aka “Lawyer X”, who was also a police informant, often informing on her own clients and helping the police secure convictions against them.

During the Royal Commission centred around her antics, the topic moved to her motives.

Why did she do it?

Why did she betray her own clients, many of whom are extremely dangerous, egregiously breach legal ethics and throw the legal profession in Victoria into disrepute? Continue reading “Why Nicola Gobbo informed against her own clients”

Bangalow lawyer Owen Hughes successfully sued for sexual harassment

Posted on Categories civil litigation, Industrial relations, Professional disciplineTags , , , , , , , , , , , , 2 Comments on Bangalow lawyer Owen Hughes successfully sued for sexual harassment

A Bangalow solicitor’s sexual harassment of a single mum who worked for him has proven to be costly, and may well end his legal career.

Hughes

This blog had previously reported on the Owen Hughes sexual harassment case brought by a former employee of his law practice.

The facts

Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. The evidence showed that that he thought Hill was attractive, wanted to be in a relationship with her and that he communicated that to her.  Hughes offered to represent her in a mediation for her own family law matter, and she agreed. Continue reading “Bangalow lawyer Owen Hughes successfully sued for sexual harassment”

Claimant loses injury case for being out of contact to his solicitors

Posted on Categories civil litigation, Personal InjuryTags , , , , , , 2 Comments on Claimant loses injury case for being out of contact to his solicitors

car accident

The facts

The Claimant Warren Jonathan was injured in a motor vehicle accident on 4 August 2012. He subsequently through his solicitors sent to the CTP insurer RACQ a Notice of Accident Claim form under the Motor Accident Insurance Act 1994. The insurer confirmed that the form was compliant with Motor Accident Insurance Act  requirements and later admitted liability in full for the accident. Continue reading “Claimant loses injury case for being out of contact to his solicitors”

Judge McGill SC goes out in a blaze of glory in appeal decision

Posted on Categories civil litigation, JudiciaryTags , , , , 2 Comments on Judge McGill SC goes out in a blaze of glory in appeal decision

Judge John McGill SC has been a stalwart of the District Court for over 20 years. His final judgment, an appeal against a decision of Magistrate Suzette Coates, has made him leave the bench with a bang and not a whimper.

Judge John McGill SC

Those who are familiar with civil litigation in the Magistrates Court know that it is an unfortunate reality that occasionally litigants will receive “rough justice”. This is often due to the lack of knowledge of civil litigation and/or the flippant attitudes of some Magistrates. This observation in no way is intended to criticise the vast majority of Queensland Magistrates, who are conscientious and serve their state well. Continue reading “Judge McGill SC goes out in a blaze of glory in appeal decision”

Israel Folau settles claim with Rugby Australia

Posted on Categories civil litigation, Industrial relations, Liberty, litigation, Unfair dismissalTags , , , , , , , , , , , Leave a comment on Israel Folau settles claim with Rugby Australia

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Following a marathon mediation, former Wallabies star Israel Folau and Rugby Australia have settled their dispute over the termination of Folau’s employment with Rugby Australia after he made controversial comments on Twitter about homosexuality.

The case was notable and of political significance because it highlighted the tensions between the rights of employers to dismiss workers to preserve their own reputational interests, freedom of religion, and employees being able to publicly express their own opinions outside of work. Continue reading “Israel Folau settles claim with Rugby Australia”

Sterling Law sets leading precedent on itemised bills

Posted on Categories civil litigation, Legal profession, litigation, Professional feesTags , , , , , , , , , , , , , , 2 Comments on Sterling Law sets leading precedent on itemised bills

With its latest big win, Sterling Law is establishing its place as an elite Queensland litigation firm, and a force to be reckoned with.

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The facts

When Joanne Murdock deliberately remained uncontactable to her solicitors for an extended period of time, she received a bill from them for all the work they had done for her.

The bill set out the charges item by item, particularising the date, the time spent and the person who performed the work, but for most items only provided very concise descriptions of the work performed. Examples later complained of included “attendance with you”, and “telephone attendance with you”. Continue reading “Sterling Law sets leading precedent on itemised bills”

John William Chardon guilty of manslaughter

Posted on Categories Criminal lawTags , , , , , Leave a comment on John William Chardon guilty of manslaughter

A Brisbane jury has today found John William Chardon guilty of manslaughter over his wife’s disappearance in 2013.

John Chardon
The facts
Novy Chardon went missing the same day her husband John Chardon received a legal letter from her solicitors about custody of their children. Her body has never been found. John Chardon has consistently denied any involvement.
Chardon told police that when he woke up on February 7 his wife was gone, with him suggesting she might have sold $70,000 worth of jewellery to fund her departure. However, investigators found Ms Chardon’s passport and she hadn’t used her bank accounts or social media accounts.

Continue reading “John William Chardon guilty of manslaughter”

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