Search Results

1. Auckland Standards Committee v Comeskey [2010] NZLCDT 19 [pdf, 121 KB]

   ...requirements for claiming legal aid and, on his own evidence, had delegated a junior employee to make legal aid claims on his behalf. [17] We have referred to this affidavit in some detail because the arguments are at the core of Mr Comeskey’s defence of his actions, and even following his guilty pleas, he has not resiled from them. Mr Comeskey said in cross-examination that he did not attend to any administration in his practice and that he had never done any Legal Aid billing....

2. LA - practice standards for legal aid providers [pdf, 522 KB]

   ...to the application. That duty extends to: 8 7.2.1 All matters relevant to the application, including prejudicial information, whether or not the applicant considers them important; and 7.2.2 Disclosing to the Court any known defence to the application together with the facts on which it is based. Settlement and dispute resolution A lawyer must: 8.1 Encourage the client to resolve the matter where appropriate. This will be in most cases, with the exception...

3. Legal aid practice standards for all legal aid providers [pdf, 522 KB]

   ...to the application. That duty extends to: 8 7.2.1 All matters relevant to the application, including prejudicial information, whether or not the applicant considers them important; and 7.2.2 Disclosing to the Court any known defence to the application together with the facts on which it is based. Settlement and dispute resolution A lawyer must: 8.1 Encourage the client to resolve the matter where appropriate. This will be in most cases, with the exception...

4. Legal Aid Practice Standards Feb 17. [pdf, 526 KB]

   ...of all facts relevant to the application. That duty extends to: 7.2.1 All matters relevant to the application, including prejudicial information, whether or not the applicant considers them important; and 7.2.2 Disclosing to the Court any known defence to the application together with the facts on which it is based. Settlement and dispute resolution 8. A lawyer must: 8.1 Encourage the client to resolve the matter where appropriate. This will be in most cases, with the exception o...

5. Practice Standards for Legal Aid Lawyer (2016) [pdf, 487 KB]

   ...of all facts relevant to the application. That duty extends to: 7.2.1 All matters relevant to the application, including prejudicial information, whether or not the applicant considers them important; and 7.2.2 Disclosing to the Court any known defence to the application together with the facts on which it is based. Settlement and dispute resolution 8. A lawyer must: 8.1 Encourage the client to resolve the matter where appropriate. This will be in most cases, with the exception o...

6. Legal Aid Practice Standards [pdf, 487 KB]

   ...of all facts relevant to the application. That duty extends to: 7.2.1 All matters relevant to the application, including prejudicial information, whether or not the applicant considers them important; and 7.2.2 Disclosing to the Court any known defence to the application together with the facts on which it is based. Settlement and dispute resolution 8. A lawyer must: 8.1 Encourage the client to resolve the matter where appropriate. This will be in most cases, with the exception o...

7. DL v WR & WQ LCRO 39 / 2011 (29 September 2011) [pdf, 91 KB]

   ...received inadequate representation and poor advice leading to an unjust award. The matters complained of involved: 1) Lack of preparedness. 2) Lack of advice. 3) Lack of diligence in spreadsheet analysis. 4) Not taking cognisance of their statements that the landlords were lying. 5) Not detailing the options sufficiently. Telling Mrs DL that she had no option whatsoever. 6) Engaging a barrister who wasn‟t comprehensively briefed and who appeared to have a mindset that the...

8. VP v Canterbury Westland LCRO 323 / 2012 (22 May 2013) [pdf, 121 KB]

   ...obligations under the Lawyers and Conveyancers Act 2006 and otherwise; and - His fiduciary duties and duties of care owed to his client. E What are the implications of Mr VP's initial denials of any intimate relationship with Ms [AK] in his statements dated 31 October 2011 and 7 December 2010, the latter specifically addressed to the Standards Committee? 3 F. Subject to the findings in relation to the preceding issues, does Mr VP's conduct constitute misconduct under s...

9. [2017] NZEmpC 24 Tradefog Global Co Ltd v Bartholomeusz [pdf, 177 KB]

   ...investigation and no substantive determination about Mr Bartholomeusz’s alleged personal grievance had been made. That grievance has still not been resolved by the Authority. This background material is drawn from the Authority’s determination, the statement of claim in this challenge, and the submissions made on behalf of the plaintiffs and defendant. [3] The reason for the Authority’s decision to join Tradefog International to the existing proceeding lies in confusing res...

10. [2014] NZEmpC 55 Adamar No 1 v Patel [pdf, 54 KB]

    ...for an order by the Court staying execution of the monetary awards of the Authority as a challenge does not automatically operate as a stay of such execution. [4] In a Minute dated 5 March 2014 I indicated that there were certain errors in the statement of claim, which would need amendment. In addition, in view of the fact that allegations of fraud and dishonesty were being pleaded, I directed the plaintiff to give further particulars. As far as the application for stay of proceed...