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1. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...a Mr and Mrs PH (the loan funds). [7] Also during this time, two barristers, who had been instructed by the firm to assist Mr and Mrs XV on various property disputes in 2010 and 2012, were seeking payment of their respective outstanding legal fees. Both had sent reminder notices to the firm. [8] On 5 August 2013, one of the barristers wrote to Mr GC requesting a response to previous unanswered letters, and pressing for payment “without the necessity of a complaint to the Law S...

2. Whiles-Clarry v Standing [2011] NZIACDT 18 (6 July 2011) [pdf, 119 KB]

   ...Whiles-Clarry obtaining work as early as possible and they had to spend their savings as a result. [6.14] The passport and other documents were returned on 27 July 2009 after payment had been received. [7] The Complainants are seeking a refund of fees of £2,500 and compensation of £4,000 (loss of income - $600/week for 16 weeks). [8] The Adviser claimed: [8.1] The issue could not be referred to the Tribunal as the events were prior to “the new licensing law [May 2009] being intr...

3. [2021] NZIACDT 18 - CL v Khetarpal (10 August 2021) [pdf, 242 KB]

   ...person as if it was from the complainant. It stated that “I” (being the husband) had filed “my” (being the complainant) offer of place with Immigration NZ on 22 July 2019, along with a receipt from the institution confirming payment of the fee. [15] On 22 August 2019, Ms Khetarpal took the husband to a solicitor to declare the statement to be true, despite it being untrue. He could not read or write English and was told by Ms Khetarpal that the statement related to the c...

4. [2012] NZCA 508 CA414/2012 Moodie v The Employment Court and Strachan [pdf, 147 KB]

   ...progress was to send a memorandum to the Court criticising that sent by Ms Strachan’s lawyer. In that memorandum, the applicant did not express any concern about the delay. [31] Nevertheless, we acknowledge that the applicant is entitled to feel aggrieved about the delay (as, for that matter, is Ms Strachan). It is simply unacceptable. [32] We regret to say that this is not the first time that a decision of the Employment Court has been contested in this Court in circumstances...

5. Canterbury Westland Standards Committee v Woulfe [2017] NZLCDT 5 [pdf, 122 KB]

   ...F Clarkson MEMBERS OF TRIBUNAL Ms A Callinan Mr W Chapman Ms C Rowe Mr P Shaw HEARING at Auckland DATE OF HEARING 28 February 2017 DATE OF DECISION 16 March 2017 COUNSEL Mr D Webb for the Standards Committee Ms P Fee and Mr J Cochrane for the Practitioner 2 PENALTY DECISION OF THE LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL Introduction [1] The practitioner, Mr Woulfe, has admitted the charge of negligence or incompetence in h...

6. LD v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 45 [pdf, 159 KB]

   ...B, if a normal amount of time for the particular step is considered reasonable; or 4 (c) band C, if a comparatively large amount of time is considered reasonable. [17] Schedule 5 provides for the time allocations for each step in general civil proceedings, according to categories A, B and C. [18] Rule 14.12(2) provides that a disbursement may only be included in a costs award to the extent that the disbursement was approved by the Court for the purposes of the proceeding, s...

7. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...terms of engagement. Included amongst the terms was the requirement for an initial retainer of $2,000 (which Mr TG paid). [13] As well, the terms described the legal work as being “employment dispute and associated matters” and advised that fees would be charged “based on time and attendance plus GST, office expenses and disbursements”. [14] Mr KC’s hourly rate, as a partner in [Law Firm A], was described in the terms of engagement as being between $360 and $450. In fa...

8. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

   ...he did. [41] The Committee noted that the Court accepted the veracity of Mr DF’s position and approved his withdrawal as counsel. [42] In the circumstances, the Committee determined to take no further action with regard to this complaint. Fees [43] The Committee determined that it lacked jurisdiction to consider Mr KM’s complaint about the quantum of the fees invoiced by Mr DF as the complaint was made more than two years after the invoices were rendered.17 It therefore det...

9. Midlane v Woodberg [2013] NZIACDT 31 (27 May 2013) [pdf, 152 KB]

   ...recovered. [5] The relationship between Ms Woodberg and Mr Midlane broke down, the final stage involved Ms Woodberg making direct contact with Mr Midlane’s client, he says contrary to her instructions. Then funds that had been paid to Ms Woodberg to pay fees due to Immigration New Zealand were refunded, and used by Ms Woodberg to pay outstanding fees. [6] This resulted in Mr Midlane complaining about Ms Woodberg’s conduct, the complaint disclosed potential issues relating to: [6.1...

10. LA Audit Report 2018-2019 and 2019-2020 [pdf, 401 KB]

    ...COVID-19 pandemic meant only 6 of the planned on-site audits were completed due to Alert level travel restrictions. The remaining audits were completed as off-sites. Figure 5: Number of on-site and off-site audits The Ministry has received feedback from providers and auditors that on-site audits are preferable to off-site audits, because issues can be immediately addressed and clarified during the interview. On-site audits also offer a chance for the auditor to make practical...