find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
Senior family lawyer - Melbourne
Category: Family Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Outstanding national firm · High-calibre family law team
View details
Judge delays decision on LIV intervention

Judge delays decision on LIV intervention

The judge presiding over a murder trial in the Supreme Court has said he will wait until Monday before ruling on an urgent application by the Law Institute of Victoria (LIV) to test the decision not to fund the accused.

In a hearing earlier today (13 February), the LIV intervened in the trial claiming it is at risk due to Victoria Legal Aid’s (VLA) decision not to fund an instructing solicitor for the man accused of murder.

The LIV has argued that it is necessary for an accused to have both a barrister and an instructing solicitor in order to receive a fair trial.

The presiding judge, who can not be named due to a suppression order, will now rule on an application for VLA to fund an instructing solicitor in the trial.

If unsuccessful, LIV will make a bid to stay the case on the basis that there could not possibly be a fair trial.

The LIV has stated that it has become involved in the matter because it believes it is a ‘test case’ regarding an issue that has the potential to affect many other legal aid cases.

LIV president Reynah Tang (pictured) said the case was important because having a solicitor to assist a barrister in a trial is not a luxury but “fundamental to a fair and just outcome”.

The LIV has briefed George Georgiou, senior counsel, and Chris Carr, junior counsel, who have agreed to appear pro bono.

Counsel will be instructed by Sam Norton, co-chair of the LIV criminal law section.

The case is continuing in the Supreme Court.

VLA announced in December that it was introducing wide-ranging changes as it looked to recover from an expected $3 million deficit.

Late last year, the Victorian legal community turned on the state and federal governments over the cuts to legal aid, which included a protest rally by lawyers.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Judge delays decision on LIV intervention
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...