Legal Services Commissioner v Cruise

The Legal Services Commissioner brought an application against Martin Aguilar for professional misconduct and unsatisfactory professional conduct in his capacity as a lawyer. The dispute was heard by the Queensland Civil and Administrative Tribunal. The Commissioner alleged that Aguilar had failed to maintain reasonable standards of competence and diligence in his dealings with four clients, resulting in neglect and delay. The allegations included Aguilar's failure to respond to notices, to file and serve documents in accordance with instructions and court orders, and to maintain appropriate communication with his clients.

The Tribunal was required to determine whether Aguilar's conduct constituted professional misconduct or unsatisfactory professional conduct under the Legal Profession Act 2007. It also had to decide what disciplinary measures, if any, should be imposed on Aguilar. This included considering whether Aguilar should be publicly reprimanded, whether he should pay a fine, and whether exceptional circumstances existed such that a costs order should not be made against him. The Tribunal also needed to consider whether it had the power to limit costs, and whether section 107 of the Queensland Civil and Administrative Tribunal Act 2009 required it to fix costs notwithstanding section 462 of the Legal Profession Act 2007.

The Tribunal found that Aguilar had engaged in unsatisfactory professional conduct but did not find that he had engaged in professional misconduct. It concluded that Aguilar should be publicly reprimanded and ordered to pay the Commissioner's costs of and incidental to the discipline application. The Tribunal also found that exceptional circumstances did not exist to prevent a costs order being made against Aguilar. However, the Tribunal did not make a costs order, instead ordering that the costs be assessed on the standard basis as if the discipline application were a proceeding before the Supreme Court of Queensland. The Tribunal found that it had the power to limit costs, and that section 107 of the Queensland Civil and Administrative Tribunal Act 2007 did not require it to fix costs.