CITATION: | Legal Services Commissioner v Leneham [2017] QCAT 96 |
PARTIES: | Legal Services Commissioner |
| v | |
| Russell James Leneham (Respondent) | |
APPLICATION NUMBER: | OCR062-16 |
MATTER TYPE: | Occupational regulation matters |
HEARING DATE: | 4 April 2017 |
HEARD AT: | Brisbane |
DECISION OF: | Justice DG Thomas, President Assisted by: Ms Julie Cameron (Legal panel member) Dr Margaret Steinberg AM (Lay panel member) |
DELIVERED ON: | 10 April 2017 |
DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. The application for dismissal and/or strike out made pursuant to section 47 Queensland Civil and Administrative Tribunal Act 2009 (Qld) is dismissed. 2. The application for further particulars is dismissed. 3. The application for disclosure of documents made pursuant to section 62 Queensland Civil and Administrative Tribunal Act 2009 (Qld) is dismissed. The Tribunal directs, that: 4. The Legal Services Commissioner will make enquiries and will use his best endeavours to obtain: a. All retainer documents in relation to the family provision proceedings as mentioned in paragraph 1 of annexure A to the respondent’s response; and b. Any contemporaneous file note made by Turner Freeman or Ms Hutchinson as mentioned in paragraph 1 of annexure A to the respondent’s response; and c. All instructions from Ms de la Motte to Ms Hutchinson (from and including 17 July 2015 up to and including 20 August 2015). 5. If the Legal Services Commissioner obtains any such documents, the Legal Services Commissioner will provide copies of those documents to Mr Leneham forthwith upon receipt of the documents by the Legal Services Commissioner. 6. The Legal Services Commissioner will inform Mr Leneham whether the information which becomes available to the Legal Services Commissioner reveals that any such documents do not exist. 7. The Legal Services Commissioner will use his best endeavours to comply with these directions by 5 May 2017. 8. The matter will be listed for a directions hearing on 9 May 2017. |
CATCHWORDS: | PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – INTERLOCUTORY APPLICATION – STRIKE OUT – where respondent submitted the evidence relied upon by the applicant gave no prospects of successfully maintaining the disciplinary proceedings – where applicant submitted proceedings had not yet reached a stage where more evidence would be called – whether proceedings were so lacking in substance and misconceived so as to warrant striking out PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – OTHER MATTERS – where, in the alternative, the respondent sought disclosure of documents relevant to the conduct alleged – where applicant indicated that it did not have those documents in its possession – where applicant offered to attempt to obtain those documents sought by respondent – whether such an order can be made under s 62 QCAT Act Legal Profession Act 2007 ss 418, 419 General Steel Industries Inc v Commissioner for Railways NSW and Ors (1964) 112 CLR 125 |
APPEARANCES: | |
APPLICANT: | M Nicolson for… |
Keep reading for free
Create a free CaseChat account to read Legal Services Commissioner v Leneham and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] QCAT 96
- Decision Date
CaseChat Overview and Summary
The QCAT found that the evidence provided by the Commissioner was sufficient to maintain the proceedings as they had not reached a stage where more evidence would be called. The court determined that the proceedings were not so lacking in substance and misconceived as to warrant being struck out. Regarding the disclosure of documents, the QCAT held that an order for disclosure could not be made under section 62 of the Queensland Civil and Administrative Tribunal Act 2009 as the Commissioner did not have those documents in their possession. However, the Commissioner offered to attempt to obtain the documents sought by Leneham.
The court dismissed the application for dismissal and/or strike out, as well as the application for further particulars. It also dismissed the application for disclosure of documents. However, the Tribunal directed the Commissioner to make enquiries and use their best endeavours to obtain specific documents related to the family provision proceedings, contemporaneous file notes, and instructions from Ms de la Motte to Ms Hutchinson. If the Commissioner obtained any such documents, they were to provide copies to Leneham forthwith. The Commissioner was also directed to inform Leneham if the documents did not exist. The Tribunal set a deadline of 5 May 2017 for compliance with these directions and scheduled a directions hearing for 9 May 2017.
Orders
Orders of the court
1. The application for dismissal and/or strike out made pursuant to section 47 Queensland Civil and Administrative Tribunal Act 2009 (Qld) is dismissed.
2. The application for further particulars is dismissed.
3. The application for disclosure of documents made pursuant to section 62 Queensland Civil and Administrative Tribunal Act 2009 (Qld) is dismissed.
The Tribunal directs, that:
4. The Legal Services Commissioner will make enquiries and will use his best endeavours to obtain:
a. All retainer documents in relation to the family provision proceedings as mentioned in paragraph 1 of annexure A to the respondent’s response; and
b. Any contemporaneous file note made by Turner Freeman or Ms Hutchinson as mentioned in paragraph 1 of annexure A to the respondent’s response; and
c. All instructions from Ms de la Motte to Ms Hutchinson (from and including 17 July 2015 up to and including 20 August 2015).
5. If the Legal Services Commissioner obtains any such documents, the Legal Services Commissioner will provide copies of those documents to Mr Leneham forthwith upon receipt of the documents by the Legal Services Commissioner.
6. The Legal Services Commissioner will inform Mr Leneham whether the information which becomes available to the Legal Services Commissioner reveals that any such documents do not exist.
7. The Legal Services Commissioner will use his best endeavours to comply with these directions by 5 May 2017.
8. The matter will be listed for a directions hearing on 9 May 2017.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.