Drowning, not waving

Cases piling up against Voyager victims' lawyer ... Aged mariners hope the funds are not entirely exhausted ... Solicitor parries for more delay 

VICTORIAN solicitor David Forster, who lost his ticket in December last year, faces another seven disciplinary matters, to be heard by the stipes at VCAT. 

Forster acted for many of the victims of the 1964 Voyager-Melbourne collision. He was put off the track for lack of candour and overcharging clients. He is appealing that decision. 

Forster's law shop had been paid $23 million by the Commonwealth to settle Voyager claims. 

There was a directions hearing last month before tribunal member Rob Davis. Suresh Senathirajah appeared for the LSC and Forster was there for himself. 

The seven matters, relating to seven different clients, variously concern misleading and deceptive conduct, overcharging, carrying out work other than what was contracted for and failure to provide itemised bills. 

The disputed costs in each matter are in the vicinity of $100,000 to $150,000. 

Costs consultants have come up with different assessments, and the tribunal will have to devine which ones are acceptable. 

As with his other appearances, Forster sought a further delay of 120 days before the cases are heard. 

He said he was not ready and that he had "an army" arrayed against him. He estimated that the LSC, the LSB and receivers had racked-up costs of $2.75 million. 

He told the tribunal that one file alone consisted of 20 to 25 boxes and wants access to all of the files and further and better particulars.  

The Legal Services Commissioner called for an expeditious hearing because the saga has dragged on long enough. 

The tribunal pointed out that Forster had not raised these issues at an earlier directions hearing in December last year. 

Tribunal member Davis observed that Forster had a "piecemeal fashion" of filing documents.  

"Everything seems in such a mess ... I have not had submissions put to me like this ... You are a trained lawyer for many years ... All of a sudden you present more letters ... This is a very unsatisfactory way to present them." 

The VCAT timetable has been extended on three previous occasions at Forster's request. 

The tribunal was also critical of the LSB advising that it would file it's experts' reports the following day. 

The hearing has been set down on or after February 4 next year. 

Meanwhile, the Voyager clients are getting older and more frail.

They are holding out in the hope that the funds won't be sucked entirely dry by the time the disciplinary cases and litigation surrounding the receivership of Forster's aptly named law shop, Hollows Lawyers, is exhausted. 

See previous report: Clinging to the wreckage