Legal Services Commissioner v McHenry (No 2)

The Legal Services Commissioner brought proceedings against McHenry in the Queensland Civil and Administrative Tribunal, alleging that he had engaged in professional misconduct and unsatisfactory professional conduct. The Tribunal found that the respondent was guilty of the charges and ordered compensation to be paid to some of the complainants. The complainants subsequently filed Notices of Intention to Seek Compensation Orders. The parties were ordered to file further submissions on certain issues, including whether compensation could be awarded for pecuniary loss due to the found misconduct, whether the making of such orders was in the interests of justice, and whether the law practice and the complainants should be joined as parties. The respondent argued that the orders should not be made in the interests of justice as the orders were in fact orders for legal costs.

The Tribunal found that compensation orders could be made for pecuniary loss due to conduct found to be professional misconduct or unsatisfactory professional conduct. The making of such orders was in the interests of justice, and the law practice should be joined as a party to the hearing. The respondent was ordered to pay compensation to some of the complainants. The Tribunal found that the orders were not in fact orders for legal costs and were not made against the law practice, but against the respondent in his capacity as a sole practitioner.

The Tribunal found that the respondent was liable to pay compensation to the complainants, except for one. The Tribunal found that the orders were not in fact orders for legal costs and were not made against the law practice, but against the respondent in his capacity as a sole practitioner. The Tribunal ordered the respondent to pay compensation to some of the complainants, and to pay costs to one of the complainants. The application was adjourned to a date to be fixed.

The Tribunal ordered that no compensation order be made in favour of Dennis Stanley, but that the respondent pay $7,500 by way of compensation to Gilbert Thornley, and $7,500 by way of compensation to Paul Lastavec. The Tribunal also ordered the respondent to pay $2,750 by way of costs to Kelly Trevena. The Tribunal found that no compensation order should be made in favour of Terry Orth and Carolyn Willis. The application was adjourned to a date to be fixed.