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1. Austell v Somerset LCRO 76 / 2009 (2 September 2009) [pdf, 113 KB]

   ...in that he acted in a conflict of interest situation in breach of r 1.03, 1.04 and 1.07 of the Rules of Professional Conduct for Barristers and Solicitors. The Committee imposed orders censuring Mr Austell, imposing a fine of $2000, reducing his fees to $1.00 (including ordering a refund of fees paid), imposing costs, and ordering publication. In his application for review Mr Austell accepted that the finding of the Committee as to conduct unbecoming was open to it and did not see...

2. LCRO 14/2021 PR and [Law Firm A] v [Area] Standards Committee [X] (30 August 2021) [pdf, 143 KB]

   ...KJ to communicate with clients and third parties who were represented by [Law Firm A]; or (e) had breached r 11.1 of the Rules by engaging in conduct that was misleading or deceptive; or (f) had breached r 5.9 of the Rules by paying referral fees to Mr KJ; or (g) had breached reg 6 of the Trust Account regulations, by overdrawing a client ledger. [10] In responding to the matters raised by the Committee, Mr PR accepted that he had paid Mr KJ a referral fee and that in doing so,...

3. RX v KL LCRO 31/2014 [pdf, 137 KB]

   ...including that he was well poised to reap the benefits of the excellent results she had achieved on his behalf, which included his substantial entitlement. [10] Miss RX says Mr KL was adjudicated bankrupt in August 2013, around 24 months after he had filed the complaint that is the subject of this review, and describes the possibility of her recovering unpaid fees from him as academic. Mr KL’s response [11] There has been no substantive response from Mr KL on review. Review He...

4. Canterbury Standards Committee v X [2011] NZLCDT 19 [pdf, 125 KB]

   ...estate in which the respondent knew he was effectively in sole charge, with no accountability for what he may have chosen to do. What he did choose to do was to take a relatively substantial amount from the estate, which amount he treated as fees, without any proper basis. He did not comply with R.8, something which facilitated the taking of those funds, as fees. [16] The respondent’s counsel classified this conduct as something that the respondent accepted was careless, ari...

5. [2023] NZEnvC 264 Fleet v Ashburton District Council [pdf, 179 KB]

   ...located on her property at 30 Queens Drive, Ashburton. That application was ultimately declined although that is of no moment to these proceedings. [3] Ms Fleet paid the sum of $1,332 by way of a non-notified non-complying status application fee (INV-43154) on 25 May 2021. This was in accordance with the minimum charge set out for such an application in part 8 of the “Fees & Charges” section of the Council’s Annual Plan 2020/21 (fees schedule). [4] When the decisio...

6. [2010] NZEmpC 26 Gates v Air New Zealand Ltd [pdf, 30 KB]

   ...and November 2008. I am satisfied from these documents that the costs were actually incurred. [7] The next issue is the extent to which those costs were reasonably incurred. The costs incurred by the defendant consisted entirely of counsel’s fees. Mr Thompson devoted 312.4 hours to the matter at a charge out rate which was initially $250 plus GST per hour and later $275 plus GST per hour. [8] Mr Thompson’s charge out rates were entirely reasonable. Indeed, for counsel of h...

7. Auckland Standards Committee 1 v Arman [2019] NZLCDT 18 [pdf, 340 KB]

   ...that time, the Tribunal was informed by counsel for the practitioner that his client was not intending to return from overseas in the immediate future and counsel sought leave to withdraw, which was granted. [7] Subsequently, Mr Arman has directly filed a memorandum with the Tribunal, setting out, in a limited way his position in relation to some of the matters which had been raised by the Tribunal as requiring explanation. [8] Mr Arman’s explanation as to his changed position, fr...

8. Form 25 Criminal legal aid fixed fees G [pdf, 377 KB]

   Templates V12 – August 2017 page 1 08/17 form 25 Legal aid file no. Tax Invoice Criminal Legal Aid Fixed Fees Schedule G Invoice date Invoice number GST number Lead provider’s ref. Charges/CRNs To: Legal Aid, DX Box Number City Name of aided person Name of lead provider Name of law firm Provider number Firm number Court type  High Court Court location Details of claim Date activity/fixed fee...

9. EFT v SQ [2019] NZDT 1357 (25 October 2019) [pdf, 195 KB]

   ...State Highway 12 with a bull owned by SQ that had got out of its paddock. The bull died in the collision and the ute was a total loss, with Mr T fortunately uninjured. 2. EFT claims $10,180.00 being the value of the ute plus the $180.00 Tribunal filing fee, on the basis that Mr Q negligently allowed his stock to stray onto the highway. 3. The issues to determine are: • Was Mr Q negligent in allowing his stock to make their way onto the highway? • If so, what are EFT 's r...

10. LCDT - 2010 practice note [pdf, 353 KB]

    ...respect of Charges and Applications under Part 1 of the Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008 (“2008/184”): 2.1.1 Charges should be commenced and served as set out in 2008/184. 2.1.2 Responses to charges should be filed and served as set out in 2008/184. 2.1.3 Applications should be filed and (where applicable) served as set out in 2008/184. 2.1.4 Any fees payable in respect of an application shall be paid on filing (see reg 37 of 2008/184). 2.2 I...