Legal Services Commissioner v McKenzie

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Legal Services Commissioner v McKenzie [2021] QCAT 377

PARTIES:

LEGAL SERVICES COMMISSIONER

(applicant)

v

CAMERON JAMES MCKENZIE

(respondent)

APPLICATION NO/S:

OCR388-20

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

1 December 2021

HEARING DATE:

2 November 2021

HEARD AT:

Brisbane

DECISION OF:

Hon Duncan McMeekin QC, Judicial Member
Assisted by:
Ms Annette Bradfield
Mr Keith Revell

ORDERS:

1. Pursuant to s 456(2)(a) of the Legal Profession Act 2007 (Qld), an order is made recommending that the name of the respondent be removed from the local roll.

2.   The respondent shall pay the applicant’s standard costs of and incidental to this discipline application, such costs to be assessed as if this were a matter in the Supreme Court of Queensland.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – CRIMINAL OFFENCES – where the respondent was a legal practitioner – where the respondent was convicted in the District Court of a charge of extortion – where the respondent served a term of imprisonment – where the applicant has filed a discipline application in the Tribunal – where the respondent engaged in professional misconduct – where the respondent has shown a continued refusal to accept wrongdoing – where the respondent pled not guilty in the District Court and sought to appeal that conviction – where reports of treating psychologist and psychiatrist indicate the respondent has not yet rehabilitated – whether the respondent ought be removed from the local roll   

Legal Profession Act 2007 (Qld), s 5, s 6, s 418, s 419, s 452, s 456, s 462

Attorney-General of the State of Queensland v Legal Services Commissioner; Legal Services Commissioner v Shand [2018] QCA 66

Barristers’ Board v Darveniza [2000] QCA 253
Legal Services Commissioner v Ioannides [2020] QCAT 479
Legal Services Commissioner v McDonald [2018] QCAT 82
Legal Services Commissioner v Munt [2019] QCAT 160
Prothonotary of the Supreme Court of New South Wales v P [2003] NSWCA 320
R v Li; R v McKenzie; R v Pisasale [2020] QCA 39

Stanoevski v The Council of the Law Society of New South Wales [2008] NSWCA 93

APPEARANCES & REPRESENTATION:

Applicant:

M Lester (legal officer) instructed by Legal Services Commissioner

Respondent:

C Upton (counsel) instructed by PPCS Lawyers

REASONS FOR DECISION

1. This is a discipline application brought pursuant to s 452 of the Legal Profession Act 2007 (Qld) (“LPA”). The respondent is Cameron McKenzie. He was admitted to the local roll on 7 September 2009. It is not in issue that Mr McKenzie is guilty of professional misconduct. The only issue between the parties concerns the appropriate order that should be made pursuant to s 456(2) of the LPA. The Commissioner contends that the Tribunal should recommend that Mr McKenzie’s name be removed from the local roll. Mr McKenzie opposes that course.

2. Mr McKenzie faces two charges:

   (a)Charge 1 – Between 15 January 2017 and 3 February 2017 he engaged in conduct which was…