Full Court Minute Books

Case M27/2013

Legal Services Board v. Gillespie-Jones

Case No.


Case Information

Lower Court Judgment

19/04/2012 Supreme Court of Victoria (Court of Appeal)(Nettle, Redlich and Hansen JJA)

[2012] VSCA 68


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”.

Short Particulars


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)