Legal Practice Board v Lashansky

Case [2008] WASC 294


LEGAL PRACTICE BOARD -v- LASHANSKY [2008] WASC 294



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2008] WASC 294
Case No:LPD:3/20007 OCTOBER 2008
Coram:TEMPLEMAN J16/12/08
35Judgment Part:1 of 1
Result: Application dismissed
B
PDF Version
Parties:LEGAL PRACTICE BOARD
ROBERT JAMES LASHANSKY

Catchwords:

Practitioners
Application to restrain firm from acting for opposing client
Allegations that firm possessed confidential information of the applicant, was in conflict between duties to clients and engaged in improper conduct
Evidentiary basis not established

Legislation:

Legal Practitioners Act 1893 (WA), s 58E

Case References:

Afkos Industries Pty Ltd v Pullinger Stewart (a firm) [2001] WASCA 372
Bennett & Co v CLC Corporation (2001) 23 WAR 344
Clay v Karlson (1997) 17 WAR 493
Commissioner for Corporate Affairs v Harvey [1980] VR 669
Esanda Finance Corporation Ltd v Alvaro (Unreported, WASC, Library No 980310, 3 June 1998)
Jones v Dunkel (1959) 101 CLR 298
Lashansky v Legal Practice Board [2006] WASC 247
Lashansky v Legal Practitioners Complaints Committee [2002] WASCA 326
Lashansky v Legal Practitioners Complaints Committee [2005] WASCA 217
Legal Practitioners Complaints Committee v Lashansky [2007] WASC 211
Mansfield v Director of Public Prosecutions (WA) (2006) 226 CLR 486
McIntyre v Eastern Prosperity Investments Pte Ltd (No 4) [2002] FCA 1133
Michael v Freehill Hollingdale & Page (1990) 3 WAR 223
Naso v Danehill Nominees Pty Ltd [2006] WASC 265
Newman v Phillips Fox (a firm) (1999) 21 WAR 309


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : LEGAL PRACTICE BOARD -v- LASHANSKY [2008] WASC 294 CORAM : TEMPLEMAN J HEARD : 7 OCTOBER 2008 DELIVERED : 17 DECEMBER 2008 FILE NO/S : LPD 3 of 2000 BETWEEN : LEGAL PRACTICE BOARD
    Applicant

    AND

    ROBERT JAMES LASHANSKY
    Respondent

Catchwords:

Practitioners - Application to restrain firm from acting for opposing client - Allegations that firm possessed confidential information of the applicant, was in conflict between duties to clients and engaged in improper conduct - Evidentiary basis not established

Legislation:

Legal Practitioners Act 1893 (WA), s 58E

Result:

Application dismissed


(Page 2)



Category: B

Representation:

Counsel:


    Applicant : Mr R J Davies QC & Mr M G M Porter
    Respondent : In person

Solicitors:

    Applicant : Minter Ellison
    Respondent : In person



Case(s) referred to in judgment(s):

Afkos Industries Pty Ltd v Pullinger Stewart (a firm) [2001] WASCA 372
Bennett & Co v CLC Corporation (2001) 23 WAR 344
Clay v Karlson (1997) 17 WAR 493
Commissioner for Corporate Affairs v Harvey [1980] VR 669
Esanda Finance Corporation Ltd v Alvaro (Unreported, WASC, Library No 980310, 3 June 1998)
Jones v Dunkel (1959) 101 CLR 298
Lashansky v Legal Practice Board [2006] WASC 247
Lashansky v Legal Practitioners Complaints Committee [2002] WASCA 326
Lashansky v Legal Practitioners Complaints Committee [2005] WASCA 217
Legal Practitioners Complaints Committee v Lashansky [2007] WASC 211
Mansfield v Director of Public Prosecutions (WA) (2006) 226 CLR 486
McIntyre v Eastern Prosperity Investments Pte Ltd (No 4) [2002] FCA…

Continue reading Legal Practice Board v Lashansky

Sign in free to access the full text

Details
AGLC
Legal Practice Board v Lashansky [2008] WASC 294
Case
[2008] WASC 294
Decision Date

CaseChat Overview and Summary

In Legal Practice Board v Lashansky, the Legal Practice Board sought to restrain a law firm from acting for a client opposing the applicant, Lashansky, on the basis of alleged breaches of duty. The applicant claimed that the firm had possessed confidential information, was in conflict between duties to clients, and had engaged in improper conduct. The court was required to determine whether the Board had established a sufficient evidentiary basis to justify the restraint.

The court examined the legal issues regarding the Board's application to restrain the firm, focusing on whether the allegations were substantiated and whether the Board had discharged the onus of proof. The Board had to demonstrate that the law firm's actions constituted a breach of the practitioner's duties, including the duty to avoid conflicts of interest, maintain confidentiality, and act with integrity. The court considered the evidence presented and the legal standards applicable to such applications. Ultimately, the court found that the Board had not established the necessary evidentiary basis to justify the restraint on the firm's activities.

The court dismissed the Board's application, concluding that the applicant had not met the required standard of proof. The judge emphasised that the Board's allegations needed to be supported by clear and convincing evidence, which was lacking in this case. The court also noted the importance of preserving the right to be represented by one's chosen legal practitioner, subject to the practitioner's adherence to professional standards. The dismissal reflected the court's assessment that the Board's application was not supported by sufficient evidence to warrant the restraint on the law firm's activities.

Orders

Orders of the court

Application dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.