A receivership order under the Legal Profession Act 2004 (Vic) is a final decision for issue estoppel purposes, and findings made in receivership proceedings bind the same parties in subsequent VCAT proceedings concerning fitness to practise. A trust account deficiency under s 3.3.21(3) exists where amounts required to be in the account are not included, regardless of whether a breach of trust occurred or a client suffered loss. A legal practitioner's duty of honesty and candour to the Court applies when the practitioner is a party to litigation and requires the practitioner to correct misleading impressions created by documents or counsel's submissions, even where the Court may have become aware of the true position through other sources. Under s 148 of the VCAT Act, an error of law by VCAT that would not have affected the outcome does not warrant the appeal being allowed.
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