Australian Lawyers Weekly reports
A Victorian solicitor was accused of “fishing” for evidence to support a sensational allegation that the state’s legal disciplinary body had tampered with documents and witness evidence
Victorian Civil and Administrative Tribunal (VCAT) senior member Jonathan Smithers found solicitor Xiao Yi Chen’s – or Anna Chen – request for documents “amounted to a fishing expedition”.
This “expedition” related to Ms Chen’s allegations that the Victorian Legal Services Commissioner (VLSC) tampered with a further amended application and “doctored” seven witness statements during disciplinary proceedings it launched against her in 2017.
At the time, VLSC alleged Ms Chen conferred with her family law client during cross-examination and provided false and/or misleading information to the disciplinary body on three occasions.
While VCAT found her guilty of professional misconduct in February 2020, the findings were set aside after a judicial review and an order was made for the matter to be remitted back to the tribunal.
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