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...be conduct 13 Above n6. 14 Above n6 at 811. 13 which departs from acceptable professional standards. That departure must be significant enough to attract sanctions for the purposes of protecting the public. Such protection is the basis upon which registration under the Act, with its privileges, is available. I accept the submission of LQ that a finding of conduct unbecoming is not required in every case where error is s...
...giving the direction. [48] In deciding whether to refer the fees part of Ms ZT’s complaint back to the Committee, it is important to consider the Act’s general purposes of maintaining public confidence in the provision of legal services and protecting consumers of legal services. In addition, Part 7 of the Act envisages that providing for a more responsive regulatory regime in relation to lawyers contributes to achieving the purposes set out in s 3(1). The regulatory regime
...unsatisfactory conduct. 2 Exhibit 2 to affidavit of K L Corbett 23 March 2022. 3 Section 7(1)(a)(i) Lawyers and Conveyancers Act 2006 (the Act). 4 Section 7(1)(a)(ii) of the Act and rules under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008. 5 Section 7(1)(b)(ii) of the Act. 3 [5] This decision is organised under the issues: • What was Dr Sawyer’s conduct? • Is it misconduct? • What is the appropriate penalty response? What was...
...of recent High Court and Court of Appeal decisions on disciplinary issues. New members are inducted by the chairperson, with a full review of the governing legislation, procedural rules and court etiquette. Ethical duties of members are also carefully outlined, as are evidential rules and the rules underlying natural justice. Administration The Tribunal’s Case Manager, Ms Susan Knight has continued to efficiently co-ordinate all of the administration including the c...
...Probate was granted on 18 September 2009. [13] On 20 May 2010 Ms UA wrote to Mr WC on behalf of herself and Mr and Mrs VB, seeking compensation from Mr WC in respect of the loss they had suffered “as a result of [Mr WC] breaching [his] duty of care owed to each of [them]”. In the letter Ms UA referred in some detail to the Court of Appeal judgment in Gartside v Sheffield, Young and Ellis.2 1 WC submissions to LCRO (24 August 2015)...
...permitted Interested Parties is allowed does not detract from the inquisitorial nature of the inquiry, nor from the fact that the findings are not conclusive as to the civil or criminal liability of any person. [9] Establishing the facts may require careful exploration and robust testing of the evidence. But – unlike in an adversarial trial – the fundamental interests of the Court and all Interested Parties are aligned. To the extent the Applicants believe or perceive that the...
...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....
...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....
...gave leave to the police to apply to suspend Mr AB’s certificate if he was charged with any further drink driving related charges or other alcohol fuelled offending. [3] Police advise that on 30 October Mr AB was convicted of contravening a protection order, dangerous driving and his fourth drink driving related offence. He was sentenced among other things to one year’s intensive supervision and disqualified from driving under s 65 of the Land Transport Act. This sentence is a gr...
...What a welfare guardian can and can’t do The Welfare Guardian Order will list the areas a welfare guardian can make decisions about on behalf of the other person. When making and carrying out decisions, the welfare guardian must: support and protect the welfare and best interest of the person they’re acting for encourage the person to develop and use any skills they have encourage the person to act in their own interest wherever possible help the person to be a part of the community,...