Author adminPosted on Categories civil litigation 4 Comments on District Court stays claim because of Australian Financial Complaints Authority’s bureaucratic bumbling
Westpac’s social responsibility department reacts to the banking Royal Commission.
“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.”
President Ronald Reagan, AUGUST 12, 1986
It is well known that many public bodies these days are obsessed with political correctness and identity politics, and spend a lot of their time fussing on topics such as equity, diversity, inclusion, harmony days, ‘unconscious bias’, and the like. Once can only imagine that they hold regular meetings where they talk about topics such as their gender pronouns, paleo pear and banana bread, and what a relief that in a few months time the Morrison federal government will be replaced by a Labor-Greens Coalition, but how the ideal would be a Greens Government with Adam Bandt as Prime Minister and socialism being tried once again.
Continue reading “District Court stays claim because of Australian Financial Complaints Authority’s bureaucratic bumbling”
Author adminPosted on Categories Legal profession, Professional discipline Leave a comment on When the Solicitor-Barrister relationship turns sour
The distinction between solicitors and barristers is a traditional feature of English legal systems, including Australia’s. The main difference between the two today is that barristers specialise in court advocacy and are normally instructed by solicitors, who deal with clients directly, operate trust accounts and also do non-court work such as writing correspondence, conveyancing, preparing legal documents and handling estates.
Continue reading “When the Solicitor-Barrister relationship turns sour”
Author adminPosted on Categories Criminal law 2 Comments on No discount for dangerous death-causing drug driver Connie-Lee Rose Williams has been refused leave to appeal against her sentence for one count of dangerous operation of a vehicle, causing death whilst adversely affected by an intoxicating substance and excessively speeding.
On 20 September 2017, Connie-Lee Rose Williams drove a motor vehicle on the Bruce Highway, north of Gin Gin which left the road and impacted at high speed with a culvert, and subsequently a tree. Her husband and her five year old son were both ejected from the vehicle and lost their lives. Neither wore seatbelts.
An investigation of the collision established that the motor vehicle had failed to negotiate a sweeping curve and left the road at a minimum speed of 171 kilometres per hour. Continue reading “No discount for dangerous death-causing drug driver”
Author adminPosted on Categories Criminal law, Human rights 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.
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”
Author adminPosted on Categories civil litigation, Legal profession, litigation, Professional fees 3 Comments on The law of lawyers bills in Queensland
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”
Author adminPosted on Categories civil litigation, Personal Injury 2 Comments on Claimant loses injury case for being out of contact to his solicitors
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”
Author adminPosted on Categories civil litigation, Judiciary 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.
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”
Author adminPosted on Categories civil litigation, Legal profession, litigation, Professional fees 4 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.
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”
Author adminPosted on Categories Criminal law 4 Comments on Paul Pisale sentenced to 2 years imprisonment
Former Ipswich lord mayor Paul Pisale, a Singaporean friend named Yutian Li and a lawyer named Cameron McKenzie were accused of participating in a bizarre extortion plot:
“Prosecutors claim Yutian told Pisasale she wanted to punish Xin after learning he was married during their relationship.
Pisasale then allegedly posed as a private investigator in a series of phone calls in which he told Xin he needed to pay Yutian between $5000 and $10,000, saying she has “a very, very good case” against him and “could go after you”.
The money, Pisasale said, was reimbursement for Yutian’s private investigation fees.
“She was so upset. You could just see her whole world had been destroyed,” he told the court.
“She was a beautiful person. She was a very caring person and she would have given her 100 per cent to this bloke.
“She was broke, she was in Australia and she had nowhere to turn.
“All he had to do was reimburse her and let her start again but he was so determined not do.”” Continue reading “Paul Pisale sentenced to 2 years imprisonment”
Author adminPosted on Categories Personal Injury Leave a comment on Teacher’s appeal against District Court decision over grape slip dismissed
Debbie Deans was employed as a specialist schoolteacher by Riverside Christian College in Maryborough when on 4 March 2015 she slipped over a grape on the linoleum flooring of a foyer in G Block during a ‘fruit break’ during the course of her employment, fracturing her left patella. Continue reading “Teacher’s appeal against District Court decision over grape slip dismissed”
