James Todd Bradshaw v Bar Association of Queensland

[2013] HCASL 139

JAMES TODD BRADSHAW

v

BAR ASSOCIATION OF QUEENSLAND

[2013] HCASL 139
B75/2012

1. On 17 November 2010, the respondent refused to issue the applicant, who had for many years practised as a barrister, a practising certificate on the basis that he was not a "fit and proper person".  As required by the Legal Profession Act 2007 (Q), the respondent provided the applicant an "information notice" containing its reasons for decision.The information notice disclosed that the respondent relied on a number of matters including the following considerations:  the applicant had not lodged tax returns over an extended period of time; that the applicant did not give a full and frank account of all matters relevant to his application; and that the applicant had committed disciplinary offences and had failed to comply with an order made in respect of one of those offences.

2. The applicant applied to the Queensland Civil and Administrative Appeals Tribunal ("the Tribunal") for a review of the respondent's decision.  The Tribunal (Wilson J) dismissed the application and commented that the respondent's decision was neither wrong nor improperly made.

3. The applicant sought an extension of time to appeal against the decision of the Tribunal to the Court of Appeal of the Supreme Court of Queensland. On 23 November 2012, the Court (Holmes, Muir and White JJA) granted the extension of time but dismissed the applicant's substantive appeal. It held that the Tribunal had conducted a fresh hearing on the merits as required, and that the Tribunal had afforded the applicant a fair hearing. The Tribunal complied with the requirement in s 27B of the Acts Interpretation Act 1954 (Q) concerning the content of the information notice.

4. The applicant now seeks special leave to appeal to this Court on a number of grounds, many of which are substantially the same as those agitated below.  The applicant does not identify any reason to doubt the correctness of the decision of the Court of Appeal.  The application for special leave must be refused. 

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
4 September 2013 P.A. Keane