Fidgeon v William Abbott & Associates (a firm)

[2003] VSCA 5

Victorian Court of Appeal

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Interrogate

Catchwords

1. Legal Practitioners
2. › Solicitor's negligence
3. › Conduct of legal proceedings
4. › Whether damage resulting to clients
5. › Relevant damage not shown to have been put in issue before professional tribunals
6. › Claim dismissed
1. Appeal
2. › Appeal from Legal Profession Tribunal to Court of Appeal
3. › Whether question of law
4. › Scope of appeal on question of law
5. › No question of law involved
6. › Legal Practice Act 1996 (Vic), s 170(1)
1. Appeal
2. › Appellate review of fact-finding
3. › Whether finding was open on the evidence
4. › Distinction between question of law and question of fact
5. › Whether finding that negligence caused no loss was open to tribunal

Quick Take

An appeal on a question of law from the Legal Profession Tribunal under s 170(1) of the Legal Practice Act 1996 (Vic) will fail where the appellant's principal contention depends on an issue not shown to have been raised before the tribunal below. The appellant bears the onus of demonstrating both that the issue was raised and that the tribunal erred in law in its determination.