Legal Services Board v. Gillespie-Jones
Case No.
M27/2013
Case Information
Lower Court Judgment
19/04/2012 Supreme Court of Victoria (Court of Appeal)(Nettle, Redlich and Hansen JJA)
Catchwords
Legal Practitioners – Fidelity fund – Moneys paid to solicitor to be paid into trust account and used for express purpose of paying counsel’s fees – Moneys used by solicitor for own purpose – Whether counsel entitled to claim against Fund – Whether claim barred by lack of costs agreement.
Equity – Trusts and trustees – Quistclose trust – Whether moneys paid to solicitor for purpose of paying counsel’s fees held on Quistclose trust.
Words and phrases – “Actual pecuniary loss” – “Interests” – “For or on behalf of”.
Documents
15/03/2013 Hearing (SLA, Melbourne)
28/03/2013 Notice of appeal
18/04/2013 Written submissions (Appellant)
18/04/2013 Chronology (Appellant)
10/05/2013 Written submissions (Respondent)
22/05/2013 Reply
04/06/2013 Hearing (Full Court, Canberra)
14/08/2013 Judgment (Judgment summary)