DEAN -v- LEGAL PRACTICE BOARD [2015] WASC 260
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASC 260 | |
| Case No: | SJA:1026/2014 | 30 APRIL 2015 | |
| Coram: | MARTINO J | 7/08/15 | |
| 28 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- First Appellant
MARK SIMONSEN
Second Appellant
AND
LEGAL PRACTICE BOARD
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE P ROTH
File No : MI 174 of 2013, MI 175 of 2013, MI 176 of 2013
Catchwords:
Criminal law - Unqualified person engaging in legal practice - Aiding an unqualified person to engage in legal practice
Legislation:
Legal Profession Act 2008 (WA), s 12
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
First Appellant : In person
Second Appellant : In person
Respondent : Mr R J Nash
Solicitors:
First Appellant : In person
Second Appellant : In person
Respondent : Legal Practice Board
Cases referred to in judgment:
Attorney General v Quill Wills (1990) 3 WAR 500
Barristers' Board v Palm Management Pty Ltd [1984] WAR 101
Florida Bar v Town (1965) 174 So (2d) 395
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488
Legal Practice Board v Adams [2001] WASC 78
Legal Practice Board v Said [2002] WASC 35
Legal Practice Board v Taylor [2005] WASC 242
Lewkowski v Lilley [2000] WASCA 14
Maxwell v The Queen [1996] HCA 46; (1996) 184 CLR 501
Michael v The State…
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- Case
- [2015] WASC 260
- Decision Date
CaseChat Overview and Summary
The court examined the relevant statutory provisions and professional conduct rules governing the practice of law. It considered whether the appellant's actions constituted the practice of law and whether they were significant enough to warrant disciplinary action. The court held that the appellant's conduct did indeed amount to engaging in legal practice. By providing legal advice and drafting legal documents without being a qualified legal practitioner, the appellant breached the legal profession's standards. The court also found that aiding another unqualified person to engage in similar activities constituted aiding and abetting misconduct. The appeal was dismissed, and the decision of the Legal Practice Board to strike the appellant off the roll of legal practitioners was upheld.
The Supreme Court confirmed the decision of the Legal Practice Board, dismissing the appeal. The court found that the appellant's actions were a clear breach of professional conduct rules, justifying his removal from the legal profession. The final orders were that the appeal be dismissed, and the decision of the Legal Practice Board to strike the appellant off the roll of legal practitioners be upheld.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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