Jensen v Legal Services Commissioner

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JENSEN

v

LEGAL SERVICES COMMISSIONER

[2018] HCASL 6
B53/2017

  1. The proposed appeal has no prospect of success.  The application for special leave to appeal should be dismissed.

  2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

M.M. Gordon
7 February 2018
J.J. Edelman
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Details
Case
[2018] HCASL 6
Decision Date

CaseChat Overview and Summary

Jensen v Legal Services Commissioner is a case heard by the High Court of Australia. The applicant, Jensen, sought special leave to appeal a decision of the South Australian Supreme Court. Jensen's appeal was against the decision of the Legal Services Commissioner to refuse to register him as a legal practitioner. The dispute centered around whether the Legal Services Commissioner was correct in refusing to register Jensen based on his criminal history and character.

The legal issues before the court were whether the applicant had demonstrated that the appeal had a reasonable prospect of success and whether the appeal raised an arguable point of law of general public importance. The court had to determine if the Commissioner's decision was lawful, reasonable, and procedurally fair.

The court found that the applicant had not shown that the appeal had a reasonable prospect of success. The court held that the Commissioner's decision to refuse to register Jensen was not unreasonable, as it was based on a proper consideration of the evidence before him. The court also found that the applicant had not raised an arguable point of law of general public importance. The appeal was dismissed, and the application for special leave to appeal was dismissed with costs.

The court directed the Registrar to draw up, sign, and seal an order dismissing the application with costs. The order was made on 7 February 2018 by Justices Gordon and Edelman.

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