Bhandari v Morgan Conley Solicitors Pty Ltd

Bhandari and others have commenced proceedings in the Queensland Civil and Administrative Tribunal (QCAT) seeking to have costs agreements set aside under s 328 of the Legal Profession Act 2007 (Qld) (“LP Act”). They rely on allegations of fraud, misrepresentation, non-compliance with the disclosure requirements of the LP Act, and on circumstances and the conduct of the respondent both before and after the agreements were made. They have applied to be represented in these proceedings by Mr Rudy Frugtniet. The application is made under s 43 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“QCAT Act”). It is opposed.

The Tribunal held that the application for leave for Mr Bhandari to be represented by Mr Frugtniet will be refused. It found that Mr Frugtniet is not an appropriate person to represent Mr Bhandari in these proceedings. It was unnecessary to consider whether other factors favour or do not favour a grant of leave. The Tribunal found that leave is not required for Mr Frugtniet to represent the corporate applicants in these proceedings.

The Tribunal also held that it is not permitted to refer a question of law to the Court of Appeal. Any error in relation to the construction of ss 54 and 57 of the QCAT Rules can be more conveniently dealt with by way of appeal against this decision. No particular need for an early determination by the Court of Appeal has been established.

The orders made are that the application by Mr Puna Bhandari for leave for Mr Rudy Frugtniet to represent him in these proceedings is refused. It is also declared that the applicants Australian Management Skills Pty Ltd and Future College Pty Ltd may appear in these proceedings through Mr Rudy Frugtniet.