2 October 2025

In this edition:

• Acting Commissioner’s message
• New wellbeing guidelines and online CPD
• Introducing the Legal Services Research Centre and its first report
• Case study: misuse of AI leads to variation of practising certificate
• Case study: strong message sent to perpetrators of sexual harassment and bullying
• Principal practising certificate ‘for hire’ – a cautionary tale
• Scope communications access accreditation
• Other news

Acting Commissioner’s Message

I’m pleased to share this edition with you as Acting Victorian Legal Services Board CEO and Commissioner while Fiona McLeay takes some well-earned leave.

The wellbeing of lawyers continues to be a significant area of focus. In August, we launched a practical tool that supports leaders of legal workplaces to take effective action to safeguard their own wellbeing and that of their staff. As part of the launch of the new Wellbeing Guidelines for Legal Workplaces, the Commissioner took part in a panel discussion with our Lawyer Wellbeing Program Manager Lucy Fraser, legal wellbeing expert Dr Carly Schrever and CEO of Westjustice Melissa Hardham at the Westjustice branch in Sunshine. It was great to see so many local lawyers from the west attend and show such strong interest in lawyer wellbeing, and a big vote of thanks to Westjustice for hosting this event. Find out more about the new guidelines below.

Another milestone in August was the launch of our Legal Services Research Centre. Led by renowned international expert on access to justice Professor Nigel Balmer, the Centre’s research will build evidence to help shape the future of service design, policy making and regulation in Victoria and beyond. The Centre will operate with full research independence – an operating model that will guarantee trust in the research and ensure its use and impact. We encourage you to sign up to the Centre’s newsletter for news and updates on its work.

Recently, we have seen an important regulatory outcome in relation to some of the most persistent issues facing the profession – sexual harassment and bullying. In what was an Australian first, we also acted on a Victorian lawyer’s practising certificate for submitting case citations generated by artificial intelligence (AI). While we understand the pressures practitioners experience in their daily work, we expect lawyers and law practices using AI to understand the technology they use, including its benefits, risks and limitations. Read our regulatory case studies below.

To wrap up, I warmly welcome Gabi Crafti SC to the Legal Services Board. Gabi’s four-year appointment as an advocate lawyer representative is a welcome addition to our esteemed Board. We look forward to benefiting from Gabi’s considerable expertise and deep knowledge of the legal profession.

Kerri-anne Millard
Acting Victorian Legal Services Board CEO and Commissioner

 

New wellbeing guidelines and online CPD

Our new Wellbeing Guidelines for Legal Workplaces are a set of practical, evidence-based tools to support leaders in legal workplaces to take the actions known to be most effective in safeguarding the wellbeing of lawyers and legal support staff. They are designed to drive systemic change and assist organisations to take actions that will improve wellbeing in the profession. 

The guidelines include a tool for leaders to assess the current status of their workplace and set out actions they can take immediately – whether it’s the first action to improve lawyer wellbeing or the next measure in an established wellbeing program. 

We invite you to read the guidelines. 

Following CPD sessions with The College of Law and Leo Cussen, we will also be running a session in partnership with the Law Institute of Victoria. This CPD event on wellbeing in legal workplaces will be held online on Thursday, 23 October, from 1 to 2pm.

 

Introducing the Legal Services Research Centre and its first report

The Legal Services Research Centre, launched in August, will undertake independent research to help make justice more accessible and equitable. Its research is publicly available so that we can work together to improve the way legal services are designed and delivered, and better understand the profession's needs and challenges.

The Centre’s first research output, the Report of the Pilot Victorian Legal Understanding and Lawyer Use (V-LULU) Survey, represents an innovative approach to exploring how the Victorian public interacts with the law, experiences legal issues and uses legal services.

Some key findings from V-LULU include the following: 

• Technology has transformed advice seeking. More than 4 in 5 seek help online when faced with legal issues.
• Communication defines experience with legal services. Where people felt information on services was clear from the outset, 96% were subsequently satisfied with services – compared to just 25% where initial information was poor and 52% where there was no initial information. 
• Despite increased reach, a lot of legal needs remain unmet. 39% of people seeking independent help failed to obtain the level of help sought (for example, getting generic information when they sought tailored advice), and among those who received the level of help they sought, 28% still didn’t get everything they needed.
• Legal capability determines justice. It shapes what people seek, what they receive and crucially the gap between the two.

Sign up to the Centre’s newsletter for the latest news and research.

 

Case study: misuse of AI leads to variation of practising certificate 

Cases where lawyers have misled the court by tendering false citations generated by AI are increasingly the focus of regulators. 

Victorian lawyer ‘Mr Dayal’, whose pseudonym was given to him by the Court, was referred to us for regulatory action by Federal Circuit and Family Court Judge Amanda Humphreys in Dayal [2024] FedCFamC2F 1166. This was after he had tendered a list and summary of authorities to the court that had been generated through the use of AI, and provided inaccurate citations and summaries.

On 19 August this year, we varied Mr Dayal's practising certificate so that he is no longer entitled to practise as a principal lawyer or handle trust money, and to require him to undertake supervised legal practice for a period of two years.

This matter comes as legal practitioners grapple with the benefits and risks with using AI. For lawyers, misuse of AI can lead to a finding of professional misconduct or unsatisfactory professional conduct, and may impact your fitness to practise. If you use AI, we urge you to comply with your professional and ethical obligations while doing so. You should also consider CPD to improve your knowledge of this emerging technology.

We remind you of our Statement on the use of artificial intelligence in Australian legal practice, and the guidelines for the responsible use of AI published by the Supreme Court of Victoria and the County Court of Victoria.

 

Case study: strong message sent to perpetrators of sexual harassment and bullying

In 2019 we issued a statement to the profession making it clear that we consider sexual harassment of any kind to be unacceptable. For lawyers who perpetrate sexual harassment, this conduct may also be found to be professional misconduct.

In 2025, following a complex investigation we undertook into the conduct of Mr Nickita Knight, the Victorian Civil and Administrative Tribunal handed down a finding of professional misconduct and recommended that Mr Knight be struck off the roll of Australian lawyers. Mr Knight was also ordered to pay the Commissioner’s costs, fixed in the sum of $40,000.00.

Among the findings, Mr Knight was found to have sexually harassed and bullied his own employees while sole principal of his law practice, engaged in substance abuse which adversely affected his practice, and failed to comply with trust accounting rules.

The Knight finding sets a significant precedent and should serve as a warning to perpetrators.

As the legal regulator we do not tolerate bullying or sexual harassment of any kind in the profession, and we will take action against perpetrators. To address sexual harassment, we have taken several important steps, including developing a nation-first anonymous reporting tool and a sexual harassment regulatory strategy.

We encourage lawyers and non-legal staff who have experienced sexual harassment in the profession to speak to our specialist staff – either by making a formal complaint or an anonymous report to us.

 

Principal practising certificate 'for hire' – a cautionary tale

We continue to see cases where a principal of a law practice – especially in incorporated legal practices (ILP) – lacks effective control. Often, the principal appears to be a placeholder, enabling another person to operate a law practice when that person is not appropriately qualified to do so. This ‘practising certificate for hire’ situation may arise when:

• a non-lawyer is a director of the ILP
• a practitioner under supervised legal practice owns or is the sole shareholder in the ILP
• the ILP is structured to allow supervision until the practitioner qualifies for their own principal practising certificate.

Inadequate supervision is a key risk identified in our Risk Outlook. Arrangements that result in principals not properly supervising the practice pose serious risks to consumers, which may result in poor legal advice, financial loss or poor outcomes in litigious matters.

Principals bear ultimate responsibility for the law practice. Failure to properly supervise can lead to a costly external intervention, disciplinary action and questions about professional suitability. Principals must retain full operational control and be confident in making decisions – in accordance with their professional responsibilities, without compromise.

If you're approached to act as a principal, ensure you:

• have time to supervise all aspects of the law practice
• are experienced in the relevant areas of law
• maintain control over systems and files
• provide appropriate supervision to staff.

Being a principal is not a ‘tick the box’ role. If you lack genuine authority or oversight, the risks to your reputation and livelihood are significant.

For more information about our expectations for supervision, see our fact sheet on supervised legal practice for supervisors.

 

We're now an accredited Scope communications access organisation

We continue to be committed to making our services more accessible for consumers and lawyers, and are pleased to announce that the VLSB+C has been accredited as a Scope Australia Communications Access Approved organisation. So, what does this mean? It means we’ve met the strict criteria required to allow us to display the internationally recognised Communication Access Symbol. 

Receiving the accreditation involved working closely with Scope, one of Australia’s largest not-for-profit disability service providers, to develop a specialised set of communication tools and resources. Our frontline staff who handle enquiries and complaints also undertook customised training to learn how to use these tools. 

The training and resources will allow us to communicate with people who have a diverse range of communication challenges in a way that’s accessible for them. Lawyers who experience communication difficulties will also benefit from this extra level of support we can provide. 

Learn more about our Scope accreditation.

 

Partner updates

Law Institute of Victoria

LIV Ethics Guideline – Ethical and Responsible Use of AI

LIV encourages the legal profession and the wider justice sector to embrace AI to increase access to justice and to achieve efficiencies and reduce costs in the delivery of legal services. To help the profession understand best practice in the use of AI in legal practices as well as risks, the LIV Ethics Committee has released a guideline on the Ethical and Responsible Use of Artificial Intelligence. This guideline has been reviewed by the VLSB+C and the Legal Practitioners’ Liability Committee.

National Access to Justice and Pro Bono Conference 2025 

The Law Council of Australia, Law Institute of Victoria and Australian Pro Bono Centre unite to deliver the ninth National Access to Justice and Pro Bono Conference in Melbourne this October.

Don’t miss the chance to meet with colleagues across the access to justice and pro bono sector to discuss how we can best deliver support to people in the most vulnerable situations. 

Find out more about the conference.

 

Law Library Victoria

More eBooks added to the Digital Library

Access the legal content you need, when you need it, with more than 30 eBooks now available in the Digital Library.

Free for Victorian practitioners, the eBook collection provides you with expert insights and guidance on a range of legal topics from your desktop.

Simply log into the Law Library Victoria website to access titles, including: Australian Medical Liability, Equity and Trusts, and Workplace Health and Safety Law in Australia.

New Guide to Victorian Reprints

Looking for historical Victorian legislation? Not all Acts have been digitised, and you may need to consult the Law Library’s print collection.

The Library’s new research guide will help you identify if a hard copy Victorian Act reprint is available for the date you need, saving you time and supporting reliable research.

 

Legal Practitioner’s Liability Committee (LPLC)

LPLC continues to promote awareness of topical legal issues through their free monthly webinar series

Access all recorded webinars on the LPLC website including the popular July webinar presented by Sam Hopper KC and Ben Kelly. Access the latest webinar, The Retail Leases Act – When it applies and why it matters.

If you missed LPLC’s articles in the Law Institute Journal, you can read more on their website: Risk management skills for every lawyer and Using technology to manage risk.

 

Sentencing Advisory Council

You Be the Judge

Since the Council was established more than 20 years ago, one of its flagship offerings has been its You Be the Judge sessions for members of the community and interested organisations. Those taking part get to sentence a real-life (but anonymised) case themselves and see what the judge imposed in the original case.

Following its recent law reform work on the sentencing of occupational health and safety offences, the Council is now offering a new You Be the Judge session designed to educate the community about the sentencing of companies. 

Find out more, including how to register.

 

Victorian Bar

Victorian Bar launches its fourth Reconciliation Action Plan

The Victorian Bar has reinforced its commitment to advancing reconciliation with Aboriginal and Torres Strait Islander peoples, with the launch of its fourth Reconciliation Action Plan (RAP) during an Indigenous Mentoring Program networking event.

Bar President Justin Hannebery KC said the Bar is proud to adopt the fourth Reconciliation Action Plan and to continue making meaningful contributions to reconciliation and access to justice. "Members of the Bar have a long history of supporting Aboriginal and Torres Strait Islander peoples through pro bono work and support of Aboriginal and Torres Strait Islander justice causes," Mr Hannebery said.

Now in its 26th year, the mentoring program is a key initiative of the RAP and enables Indigenous law students and graduates to connect with judges, barristers, and other legal professionals to build meaningful connections that are invaluable throughout their careers.

 

Victoria Law Foundation 

VLF’s Research Network webinar, The hidden legal crisis in rental housing, is now available online

In the recording, Hannah Gray (Tenants Victoria) and VLF’s Dr Hugh McDonald and Lynne Haultain discuss new research linking housing insecurity with legal needs and what it means for legal services, policymakers and community organisations.

VLF’s research team recently presented at the International Access to Justice Forum 2025 in New York. Explore how VLF is building on a rich legacy of access to justice research while contributing to exciting new developments. Look out for the full papers to be published in the coming months.

 

Victorian Legal Aid

New legal helpline supports First Nations people

Victoria Legal Aid has launched 1300 MOB VLA, a legal helpline providing free, confidential and culturally safe legal help for First Nations peoples.

The helpline offers legal information and advice tailored to the experiences of First Nations peoples. It also provides warm referrals to culturally safe support services. It is available by dialling 1300 MOB VLA (1300 662 852) from 9am to 4pm on Monday to Friday, or by requesting a call back through an online form.

Independent Family Advocacy and Support goes statewide

VLA’s Independent Family Advocacy and Support (IFAS) service has just completed its statewide rollout.

Partly funded by the VLSB+C, the expansion ensures eligible families involved with Child Protection get the help they need to resolve their issues, no matter where they live. IFAS advocates work directly with parents and primary carers to help them understand their rights and responsibilities, communicate with Child Protection and identify goals for their children’s care.