Victorian Legal Services Commissioner V Lewenberg

Victorian Civil and Administrative Tribunal
March 24, 2016

http://www.austlii.edu.au/au/cases/vic/VCAT/2016/439.html

VCAT REFERENCE NO. J144/2015

CATCHWORDS

Application by Legal Services Commissioner pursuant to s 4.4.13(2) and (3)(a) of the Legal Profession Act 2004; Two charges of professional misconduct pursuant to s 4.4.3(1)(a) or alternatively misconduct at common law pursuant to s 4.4.3(1), Guilty Plea to unsatisfactory professional conduct only, Statement of Agreed Facts. Professional misconduct proven.

APPLICANT

Victorian Legal Services Commissioner

RESPONDENT

Alex Lewenberg

WHERE HELD

Melbourne

BEFORE

Judge Jenkins, Vice President

HEARING TYPE

Hearing

DATE OF HEARING

15 March, 2016

DATE OF ORDER

23 March 2016

CITATION:

Victorian Legal Services Commissioner v Lewenberg (Legal Practice) [2016] VCAT 439

ORDERS

PRELIMINARY ORDER

Pursuant to s 17 of the Open Courts Act 2013, the Tribunal orders that any material or information arising from this proceeding which could reasonably lead to the identification of the name of the Complainant, also referred to as AVB, shall not be published or broadcast or be made available to the public. In making this Order the Tribunal is satisfied that it would be contrary to the public interest for the name of the Complainant to be published.

FINDINGS

The Tribunal finds Alex Lewenberg guilty of Charge 1, namely, that he engaged in professional misconduct within the meaning of s 4.4.4(a) of the Legal Profession Act 2004, in that the conduct of Alex Lewenberg on 6 September 2011 at the Magistrates’ Court of Victoria at Melbourne, namely, uttering certain words to which he admitted, constituted conduct consisting of a contravention of Rule 30 of the Profession Conduct and Practice Rules 2005.

The Tribunal finds Alex Lewenberg guilty of Charge 3, namely, that he engaged in professional misconduct within the meaning of s 4.4.4(a) of the Legal Profession Act 2004, in that the conduct of Alex Lewenberg on 6 October 2011 at 340 Little Lonsdale Street in Melbourne, namely, uttering the words in a telephone conversation, to which he admitted, was conduct consisting of a contravention of Rule 30 of the Profession Conduct and Practice Rules 2005.

The hearing is adjourned to 6 April 2015 to hear submissions in respect of determinations.