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Professional Conduct
Legal Services Commissioner v CBD [2012] QCA 69 The practitioner pleaded guilty to viewing child pornography material when he “stumbled upon” it in relation to other lawful pornographic material, but failed to deal with it appropriately and stored it. The Legal Services Commission appealed the decision of the Queensland Civil and Administrative Tribunal (QCAT) that...
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Goddard Elliott (a firm) v Fritsch [2012] VSC 87 The conclusion well summarises the facts and the outcome of this extraordinary case. I refer you to paragraphs 405 – 419; 545 – 570 and 769 – 833, which deal with the duty of care owed by professionals and advocates immunity. Bell J Conclusion 1136 Paul...
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Ireland v Trilby Misso Lawyers [2011] QSC 127 In a decision that has received some publicity, McMeekin J usefully reviewed the authorities in relation to possessory liens on speculative personal injury claims (and files) and concluded in terms of the retainer; no fees were owing because of the nature of the speculative action and hence,...
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Horne v Gilshenan & Luton [2010] QDC 491 It began in the taxi feeder rank at Brisbane airport in October 2002 when the driver was enjoying a lull and was eating a banana at the time he stepped into a hole in the kerb and injured his right shoulder. Read more of the article. Reproduced...
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Foster James Pty Ltd v Dalton [2010] VSC 327 Ferguson J applied D’Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12 to dismiss the appeal against summary judgment of fees on the basis there was not an arguable defence because the advocate was entitled to immunity: 23. One of the principal issues that the High Court...
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 Re: N (a solicitor) [2010] QSC 267 CATCHWORDS: Profession and trades – Lawyers – Duties and liabilities – Duties to court – Generally – Duty to ensure matters are dealt with expeditiously – Criminal matter Legal Profession Act 2007 (Qld), s 418 Ashmore v Corporation of Lloyd’s [1992] 1 WLR 446, cited Fryberg J In...
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Legal Services Commissioner v Wright [2010] QSC 168 The Legal Services Commissioner brought an original application for the provision of an itemised account in the circumstances of a family law settlement, where the other party (Ms Anderson) had the benefit of the transfer of property, but was not the client of the solicitor upon whom...
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Amos v Wiltshire [2010] QDC 138   The background was the plaintiff’s unsuccessful claim and appeal against Monsour Pty Ltd and others in respect of a costs order following a fraud allegation. The fraud allegation was rejected as ‘unsustainable’. The plaintiff’s claim against his barrister in the above proceedings was on the basis that the...
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  Legal Services Commissioner v Dempsey (No. 2) [2009] LPT 23 The Tribunal recommended Mr Dempsey be removed from the roll of legal practitioners in Queensland and pay compensation to Rafaela Oats in the sum of $17,232.72. The Tribunal made findings as follows: [3] The Tribunal is of the view that Mr Dempsey was not...
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