PLP v McGarvie and VCAT

• 1. Legal Practitioner
  2. › Professional misconduct
  3. › Sexual harassment in workplace
  4. › Penalty
  5. › Whether penalty manifestly excessive
  6. › Relevance of compensation payment in prior proceedings to penalty for professional misconduct
  7. › Comparable cases
  8. › Legal Profession Act 2004 (Vic), ss 4.4.3(1)(b), 4.4.8
• 1. Legal Practitioner
  2. › Professional misconduct
  3. › Evidence
  4. › Admitted findings from prior proceedings
  5. › Whether Tribunal entitled to rely on findings admitted by practitioner
  6. › Expert evidence
  7. › Whether Tribunal erred in rejecting expert evidence on Asperger's Disorder
• 1. Practice and Procedure
  2. › Bias and procedural fairness
  3. › Apprehended bias
  4. › Whether Tribunal member's prior involvement in unrelated case gave rise to apprehended bias
  5. › Whether Tribunal obliged to disclose circumstances to counsel
• 1. Evidence
  2. › Failure to give evidence
  3. › Adverse inferences
  4. › Whether Tribunal entitled to draw adverse inferences from practitioner's absence from witness box in disciplinary proceedings

Quick Take