Legal Services Commissioner v Cooper

CITATION: Legal Services Commissioner v Cooper [2016] QCAT 122

PARTIES:	Legal Services Commissioner (Applicant/Appellant)
v
Adam Karl Hope Cooper (Respondent)

APPLICATION NUMBER: OCR032-15

MATTER TYPE: Occupational Regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Justice DG Thomas, President
Assisted by:
Mr Ken Horsley, Legal panel member
Dr Margaret Steinberg AM, Lay panel member

DELIVERED ON: 14 March 2016

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The respondent is publicly reprimanded.

2.    The respondent is to pay a fine in the sum of $2,500.00.

3.    The parties are to make any further submissions they wish to make in relation to costs including the order sought to be made by:

4:00pm on 4 April 2016.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – UNSATISFACTORY PROFESSIONAL CONDUCT AND PROFESSIONAL MISCONDUCT – where the applicant brought disciplinary proceedings against the respondent for not exercising his forensic judgment in bringing proceedings on behalf of his client – where the respondent filed a notice of child abuse in the Federal Magistrates Court – where the respondent had advised his client that he did not think the allegation amounted to abuse under the Family Law Act 1975 (Cth) – where the respondent brought the proceedings anyway and later withdrew them – whether the respondent’s conduct in bringing the proceedings constitutes unsatisfactory professional conduct or professional misconduct

Australian Solicitors Conduct Rules 2012 (Qld) r 17.1
Family Law Act 1975 (Cth) s 4(1)
Legal Profession Act 2007 (Qld) ss 418, 419, 419(1)(a), 456, 462(1), 462(5)
Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 32, 107

Adamson v Queensland Law Society Incorporated [1990] 1 Qd R 498
McClelland& Anor v Perpetual Trustee Co Ltd [2010] QCA 281
Steindl Nominees Pty Ltd v Laghaifar [2003] 2 Qd R 683

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).

REASONS FOR DECISION

The Charges

1. The Legal Services Commissioner alleges that Mr Cooper failed to maintain reasonable standards of competence and diligence whilst acting in Family Court proceedings.

2. Specifically the Commissioner alleges that in breach of his duty to the Court, Mr Cooper has, during the course of those proceedings:

   a)Failed to exercise his forensic judgment called for in the matter independently; and/or

   b)Caused a notice of child abuse alleging child abuse or risk of child abuse to be filed in the Federal Magistrates Court of Australia in circumstances where he knew or ought to have known that the facts as alleged in the notice did not constitute “abuse” as defined in section 4(1) of the Family Law Act 1975 (Cth); and/or

   c)Caused the notice of child abuse alleging child abuse or risk of child abuse to be filed in the Federal Magistrates Court of Australia on behalf of his client in circumstances where he had advised his client that the facts as alleged by his client did not, in his…