Frugtniet v Law Institute of Victoria Ltd

[2012] VSCA 178

Victorian Court of Appeal

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Interrogate

Catchwords

1. Legal Practitioners
2. › Disqualified person
3. › Application for disqualification order
4. › Whether VCAT empowered to make order against person other than existing associate
5. › Whether s 2.2.6 limited to existing associates of law practices
6. › Legal Profession Act 2004 (Vic), s 2.2.6
1. Contempt
2. › Standard of proof
3. › Whether contempt may be found on balance of probabilities
4. › Whether all contempt proceedings require proof beyond reasonable doubt
5. › Witham v Holloway (1995) 183 CLR 525, applied
1. Appeal
2. › Practice and procedure
3. › Right of appeal from VCAT
4. › Whether leave required
5. › Appeal on question of law in nature of judicial review
6. › Legal Profession Act 2004 (Vic), s 2.2.6(5)
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
1. Practice and Procedure
2. › Costs
3. › VCAT proceedings
4. › Whether costs order under s 109(3)(d) requires consideration of both nature and complexity of proceeding
5. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 109(3)(d)

Quick Take

Section 2.2.6 of the Legal Profession Act 2004 (Vic) empowers VCAT to make disqualification orders against any person meeting the statutory criteria, not only existing associates of law practices. An appeal under s 2.2.6(5) does not require leave and is in the nature of judicial review. A costs order under s 109(3)(d) of the VCAT Act requires VCAT to consider both the nature and complexity of the proceeding, not merely one of those factors.