Stephen Warne

There is a clear tariff emerging: reprimand and conditions for non-deliberate failure to have PII and short suspension for exacerbating conduct like recklessly dishonest statements.

Podiatrist failed to maintain professional indemnity insurance and then told what were very close to porkies to the regulator. Reprimand; registration condition of proving PII annually; one month's suspension: Podiatry Board of Australia v Jardine [2026] VCAT 261 (Wentworth SM)

Suspended for 4 of the 6 months sought by Board. Exclusively justified by general deterrence. Costs not sought. Nursing and Midwifery Board of Australia v Hepworth [2026] VCAT 250 (Smithers SM et al).

Ill and contrite nurse stole opiates, and forged records. No immediate action suspension. Convicted. Rehabilitated successfully before trial. Parties ready for trial of one issue (should she be suspended?) in July 2025. Listed for late March 2026.

3/ I wonder what excused the prosecutor from his prima facie obligation under r. 89 of the barristers' conduct rules to call all relevant witnesses in a criminal or disciplinary prosecution.

2/ The Board seems just to have dumped the police brief of evidence into the 1600 page Tribunal Book and asked VCAT to make the finding on the civil standard without calling any witnesses at all. It failed.

1/ In Psychology Board of Australia v Ewing [2026] VCAT 242 the practitioner had been charged with knowingly possessing child exploitation material. The police withdrew the charge, but the Board sought to establish as a misconduct charge in VCAT that he had committed the offence.

@TheFanciestLad Thanks!

@StephenWarne queenslandjudgments.com.au/caselaw/qcat/2… A new decision about the special circumstances that might warrant an award of costs.

1/ In Qld, the presumption in disciplinary prosecutions is that neither party gets costs: LSC v Peters [2025] QCAT 206 at [40] austlii.edu.au/cgi-bin/viewdo….

Queensland Legal Services Commissioner cops an indemnity costs order in a merits review of a disciplinary decision: Lavercombe v Legal Services Commissioner (No 3) [2026] QCAT 163 queenslandjudgments.com.au/caselaw/qcat/2…. The 'special circumstances' were the badness of her arguments.

The privilege against penalties is preserved by s. 106 of the VCAT Act 1998, despite the abrogation of the privilege against self-incrimination in s. 105. Odd that Greg Garde P's decision in LSC v Spaulding [2015] VCAT 292 did not get a mention. See lawyerslawyer.net/2015/04/07/leg…

SCV rejects Medical Board's challenge to Towie's case: Medical Board of Australia v Gibbs [2026] VSC 158 jade.io/article/1198612. Respondents to disciplinary prosecutions may not be required to make admissions or foreshadow their evidence before the close of the regulator's case.

You can't settle a disciplinary proceeding. VCAT always decides for itself, taking due account of jointly proposed resolutions. Sometimes it saves practitioners from themselves.

Tran VP declined parties' joint request to cancel registration of neurosurgeon guilty of misconduct because protective purpose of orders did not require cancellation: Medical Board of Australia v Morris [2026] VCAT 211. Reasons just given for 11.2 orders. jade.io/article/1193632

Wowsers: sophisticated client obtains compensation for solicitors' misleading representations about future fees, and restitution for excessive amounts paid by mistake: Council of the City of Broken Hill v Redenbach Legal [2026] NSWSC 262 caselaw.nsw.gov.au/decision/19d1c…

@suastiastu Non-members can't read it.

Officers of the Court and Executive Regulation @StephenWarne share.google/NPCdq2bbAQhL3G…

Costs did not follow the event in successful appeal by Silvagni against non-grant of suppression order; media interests' failed case supported the public interest in open justice. A most unusual decision: Silvagni v County Court of Victoria (Costs) [2025] VSC 570.

Barrister serves creditors statutory demand on instructing solicitors. Application to set aside on technical grounds re service fails; informal service found and available for such demands. Solicitors to pay barrister's indemnity costs: Re Ascot Solicitors Pty Ltd [2026] VSC 115

Latest case about the costs entitlement in proceedings between a party who promised by a mortgage or contract to pay the other's costs of their default on an indemnity basis: ANZ v Nguyen (No 2) [2026] VSC 121

Two decisions in appeals from immediate action suspension of doctor: Peers v Medical Board of Australia [2026] VSCA 36; Peers v VCAT [2026] VSCA 37.