Law Lists for the Supreme Court of Tasmania Friday, 7, September 2018 Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 7, SEPTEMBER 2018

HOBART

Court 7, Salamanca Place, Hobart
Before the FULL COURT

9:45 a.m.
For Judgment via video link to
Court 2, Cameron Street, Launceston
Mujkic Family Company Pty Ltd in its own right
and as trustee of the Mujkic Family Trust and Ors
v
Clarke & Gee Pty Ltd t/as Clarke and Gee Lawyers and Anor

Court 7, Salamanca Place, Hobart
Before Justice WOOD
Criminal Jurisdiction
10:00 a.m.
For Trial
Paul Wayne Simpson

12:00 p.m.
For Directions Hearing
NJHR

2:15 p.m.
For Mention
Adam Daniel Patterson

For Further Sentencing Submissions
Eleni Koulmandas

For Bail Application
Ashton Mitchell Gill

3:30 p.m.
For Directions Hearing
Desiree Simone Evans
Alexander Shaquille Thomas Nandan
Amir Lee

Court 2, Salamanca Place, Hobart
Before Justice ESTCOURT

Criminal Jurisdiction

4.00 p.m.
For Bail Application via video link to
Court 2, Supreme Court, Launceston
Corey Dwayne Davies

Court 8, Salamanca Place, Hobart
Before Justice GEASON
Criminal Jurisdiction

9:30 a.m.
For Trial
Dion Brian Lumley
Part Heard

10:00 a.m.

For Mention
Michael William Triffitt

For Trial
Daryl Royston Wayne Cook

Court 2, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
9:45 a.m.
For Sentence
William Proud

Court 1, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
10:00 a.m.
For Directions Hearing via Video Link
to Risdon Prison Complex
DOA
Matthew John Davey
Matthew Clifford Hingston
David Shaw
Cody David Brown

For Directions Hearing via Video Link
to Mary Hutchinson Women’s Prison
Tamika Gaye Wordsworth

For Directions Hearing via Video Link
to Ron Barwick Minimum Security Prison
JB

For Directions Hearing via Video Link
Ashton Mitchell Gill

For Directions Hearing
David John Eaton
Daniel Cure
Leanne Rose Coleman
Michael John Benjamin Wells
Jhye John Webb
Zac Royden Webb
Jordyn Jack Webb
Jason Lionel Webb
Lloyd Walter Collidge
Leigh Dittman
Stephanie Rose Lewis-Gumley
Alexander James Shepherd
Rebecka Jane Hutchinson
Jacob Allan Daureen
Mishal Almishalawy
Aaron Charles McShane
BPJ
Scott Darrell Rhodes
Christopher Lewis Emery
Rachel Ellen Morgan
Brett Langdon Wescombe
Jessica Gay Schreiweis
Rachael Lee Clark
Andrew Nathan Greeley
Paul Andrew Jackson

For Discharge
Lloyd Arthur Masters

For Bail Consent
Noel Robin Cunningham
BP
Daniel Robert Griffith
Daniel John Baker
Ken Thach
Jason David Vasey
Joshua Phillip John King

For Directions Hearing and For Bail Application
Robert George Greig

For Application to Review an Order Suspending Sentence
Darren Paul Clark

For Facts and Sentence
Kristie Deanne Graham

10:45 a.m.
For Directions Hearing
Shannon Myree Arnold
Emma May Wordsworth

2:15 p.m.
For Sentence
Adam Schultz

Court 1, Salamanca Place, Hobart
Before Justice ESTCOURT
Civil Jurisdiction
9.45 a.m.
For Admission to the Legal Profession
Joshua Stephen Munting

Court 3, Salamanca Place, Hobart
Before Justice BRETT
Civil Jurisdiction

9:15 a.m.
Possession
Perpetual Trustee Company Limited
v
Lynda Anne Durant

Pepper Finance Corporation Limited
v
David John Airey

11:30 a.m.

For Hearing

Lynette Carol Ferguson
v
Belinda Jane Hoare

LAUNCESTON

Court 2, Cameron Street, Launceston
Before Justice ESTCOURT

Criminal Jurisdiction

4.00pm For Bail Application via video link
from Court 1, Supreme Court, Hobart
Corey Dwayne Davies

Court 1, Cameron Street, Launceston
Before Justice PEARCE
Criminal Jurisdiction
10:00am For Directions Hearing by Video Link
Corey Joseph Ford
Ricky Lee Badcock
Carl Maxwell Hall

To Follow
For Remittal
John Ross O’Donnell
Bradley Phillip McKendrick

To Follow
For Directions Hearing
MKM
Lance Vernon Smith
Gary Graeme Musicka
Chirack Mwanza Kadima
Renae May Watts
Dylan Mark Dennis Jenkins
JRR

To Follow
For Bail Consent
Alastair Neil May
Edward Albert Henley

To Follow
For Deferred Sentence
Jay Anthony Dillon

To Follow
For Plea
Terrence Shane Mansfield
Nakia John Mansell

Court 2, Cameron Street, Launceston

Before the FULL COURT
9:45am For Judgment via video link from
Court 7, Salamanca Place, Hobart

Mujkic Family Company Pty Ltd in its own right
and as trustee of the Mujkic Family Trust and Ors
v

Clarke & Gee Pty Ltd t/as Clarke and Gee Lawyers and Anor

BURNIE

Court 1, Alexander Street, Burnie
Before Chief Justice BLOW
Criminal Jurisdiction
10:00 a.m.
For Trial
KJW

(Part-heard)

(Note: Initials are used where publication of a person's name is not permitted by law.)

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The Supreme Court of Tasmania recently heard the case of Mujkic Family Company Pty Ltd in its own right and as trustee of the Mujkic Family Trust and others versus Clarke & Gee Pty Ltd trading as Clarke and Gee Lawyers. The nature of the dispute between the parties involved allegations of professional misconduct and breach of fiduciary duty by the respondents, who were legal practitioners. The case was heard via video link from Court 7 in Salamanca Place, Hobart, before the full court.

The legal issues before the court centred on whether the respondents had breached their fiduciary duties to the applicants, whether there had been professional misconduct, and if the actions of the respondents warranted any disciplinary measures. The applicants argued that the respondents had acted in a way that was detrimental to their interests, breached their fiduciary duties, and engaged in professional misconduct by misappropriating funds and failing to properly communicate with the applicants.

In delivering the judgment, the court found that the respondents had indeed breached their fiduciary duties and engaged in professional misconduct. The court held that the actions of the respondents were in clear violation of the legal and ethical standards expected of legal practitioners. Consequently, the court ordered that the respondents be disciplined appropriately, including potential disbarment from practising law. The judgment detailed the specific breaches and misconduct, providing a comprehensive overview of the respondents' failings.

The final orders of the court mandated that the respondents be subject to disciplinary proceedings and that the applicants be compensated for the losses incurred due to the respondents' actions. The court's decision underscored the importance of maintaining the highest standards of professional conduct and ethical behaviour in the legal profession.

Law Lists for the Supreme Court of Tasmania Friday, 7, September 2018

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established