Jensen v Queensland Law Society Incorporated

Jensen brought a claim against the Queensland Law Society Incorporated, challenging the validity of certain resolutions passed by its Executive Committee. The core of the dispute revolved around whether the Executive Committee had held a valid meeting when passing resolutions to suspend the applicant's practising certificate and to appoint a receiver for certain of his properties. The case was heard in the Supreme Court of Queensland.

The primary legal issues before the court were whether the Executive Committee of the Queensland Law Society had adhered to the necessary procedural requirements when passing resolutions, specifically whether a physical meeting was required for a quorum and if resolutions passed without such a meeting were valid. Additionally, the court had to determine if the appointment of a receiver was valid under the relevant statutory provisions.

The court examined the Queensland Law Society Rules 1987 and concluded that while a quorum of three members was necessary, the rules did not explicitly require a physical meeting. The court held that the Executive Committee had complied with the procedural requirements by using electronic communication to reach a consensus, thereby constituting a valid meeting. Consequently, the resolutions passed by the Executive Committee were deemed valid, including the resolution to appoint a receiver. The court dismissed the application, finding no basis to declare the resolutions invalid.

No further orders were made by the court as the application was dismissed.