DISTRICT COURT OF QUEENSLAND
CITATION: KMQ v QS Law Pty Ltd [2019] QDC 48 PARTIES: KMQ
(plaintiff)v QS LAW PTY LTD ACN: 151 393 654
(defendant)FILE NO/S: D22/2016 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT: Ipswich District Court DELIVERED ON: 12 April 2019 DELIVERED AT: Ipswich HEARING DATE: 12 April 2017 JUDGE: Horneman-Wren SC DCJ
ORDER:
1.
The separate questions set out in paragraph 1 of the order of Koppenol DCJ of 26 August 2016 are answered as follows:
(a) No. (b) No. (c) Unnecessary to answer.
CATCHWORDS:
PRISONER - PRISONER PROPERTY – STATUTE - INTERPRETATION OF STATUES - STATUTORY DUTY – whether Part 7 of the Public Trustee Act 1978 applies to a prisoner released on parole – where a prisoner released on parole is a prisoner to whom Part 7 of the Public Trustee Act 1978 may apply – whether Part 7 of the Public Trustee Act 1978 gives rise to a statutory duty on a prisoner to submit his estate to the Public Trustee – whether Part 7 of the Public Trustee Act 1978 gives rise to a duty on a solicitor acting for a prisoner to submit the prisoners estate to the Public Trustee – where no such duties arise – whether the definition of prisoner under the Corrective Services Act 2006 applies to the expression ‘prisoner’ in the Public Trustee Act 1978.
NEGLIGENCE – DUTY OF CARE – whether a solicitor owes a third party a duty to ensure that the third party is not exposed
to the risk of loss or damage through the conduct of the
solicitor for a client – where no such duty arises.CASES: Al-Kandori v JR Brown & Co [1988] Badenach v Calvert [2016] 257 CLR 440; Bakewell v The Queen (2008) 238 CLR 287; Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75 NSWLR 649;
Council of the Shire of Southerland v Heyman [1985] 157CLR 424; Di-Carlo v Kashani-Malaki [2013] 2 Qd.R.17; Farrington v Rowe McBride & Partners [1885] 1 NZLR 83; Fitzpatrick v Jackson (1989)? 2 Qd.R. 542; Hill v Van Erp (1997) 188 CLR 159; Lee v Abedian & Ors [2016] QSC 92; Myers v Elman [1940] AC 282; Power v R [1974] 131 CLR 623; Tyler v Krause 1 QD.R.453; LEGISLATION: Corrective Services Act 2006 – Schedule 4; ss 4,180,184,194,199,200,205,209, 214, 215 Offenders Probation and Parole Act 1959 – s 34; Offenders Probation and Parole Act 1980 – s 63; Parole Act 1971 (NT) – s 14; Penalties and Sentences Act 1992 – Part 8; Part 9; ss3,9, Public Trustee Act 1978 – Part 7; Part 11; ss 28A-28H; COUNSEL: AM West for the plaintiff
AJH Morris QC for the defendantSOLICITORS: Walker Pender Group for the plaintiff
Quinn & Scattini Lawyers for the defendantBackground and application
The plaintiff, when a child, was sexually abused by ASC over an eight year period from 1998 to 2006. In June 2007 ASC was convicted of 14 sexual…
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- Case
- [2019] QDC 48
- Decision Date
CaseChat Overview and Summary
The court examined the language and operation of Part 7 of the Public Trustee Act 1978 and found that it did not impose any obligation on the prisoner or his legal representative to submit his estate to the Public Trustee. Section 91 of the Act automatically placed the prisoner's estate under the control of the Public Trustee upon conviction and sentencing to imprisonment for three years or more. Section 95 restricted the prisoner's ability to deal with his estate without the Public Trustee's consent but did not require the submission of the estate. The court concluded that the plaintiff's interpretation of the Act was incorrect, and no such statutory duty existed. The court also noted that the definition of "prisoner" in the Corrective Services Act 2006 did not apply to the term "prisoner" in the Public Trustee Act 1978.
The court dismissed the plaintiff's claims, finding that the defendant had not breached any statutory duty to submit the plaintiff's estate to the Public Trustee. The court did not find it necessary to address the plaintiff's other claims, including those related to unsatisfactory professional conduct under the Legal Profession Act 2007.
The court ordered that the plaintiff take nothing by way of his claims against the defendant.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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