Section 4.2.14(2) of the Legal Profession Act 2004 (Vic) preserves only a limited right for a successful Tribunal claimant to seek damages in court exceeding the $25,000 jurisdictional limit, confined to matters found by the Tribunal to constitute fault. It does not authorise re-litigation of matters already determined by VCAT. The common law principles of res judicata, issue estoppel and Anshun estoppel apply to VCAT determinations under the LPA and bar subsequent common law proceedings on the same or related matters.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.