QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Legal Services Commissioner v McLeod [2020] QCAT 371
PARTIES: LEGAL SERVICES COMMISSIONER (applicant)
v
CAMERON STUART MCLEOD (respondent)
APPLICATION NO/S:
OCR216-18
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
30 October 2020
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Hon Peter Lyons QC, Judicial Member
Assisted by:
Dr John de Groot, Legal Panel Member
Ms Patrice McKay, Lay Panel MemberORDERS: 1. The respondent is publicly reprimanded.
2. The respondent may not apply for or obtain an employee level practising certificate until his application is accompanied by:
(a) a copy of these reasons (“the Reasons”); and
(b) a report on his mental condition and its effect on his ability to engage in legal practice, prepared by an independent practising psychiatrist who has been provided with a copy of the Reasons, with such report to be prepared no earlier than 12 months from the date of this Order, and within six months before the date upon which the respondent makes any such application.
3. Upon his being granted an employee level practising certificate, the respondent must undertake the next available ethics course facilitated by the Queensland Law Society.
4. The respondent may not apply for or obtain a certificate to practise as a principal until he has practised as an employed solicitor for five years. His first application for a certificate to practise as a principal must be accompanied by a report on his mental condition and its effect on his ability to engage in legal practice, prepared by an independent practising psychiatrist who has been provided with a copy of the Reasons, with such report to be prepared within six months before the date upon which the respondent makes the application.
5. On the third occasion the respondent applies for a certificate to practise as a principal (i.e. for the period next after he has held such certificate for two years), his application must be accompanied by a report on his mental condition and its effect on his ability to engage in legal practice, prepared by an independent practising psychiatrist who has been provided with a copy of the Reasons, with such report to be prepared within six months before the date upon which the respondent makes the application.
6. The respondent is to pay the applicant’s costs to be assessed on the standard basis as if this were a proceeding before the Supreme Court of Queensland.
CATCHWORDS: PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – OTHER MATTERS – where the respondent conducted several litigation matters on behalf of an insurer for insured defendants – where the respondent failed to inform the insurer of certain events in the proceedings, caused his legal practice to make untrue and dishonest representations to the insurer, settled matters without instructions to do so, made false representations about when matters were settled, falsely informed the insurer that Counsel has been briefed to provide advice, failed to inform the…
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- Case
- [2020] QCAT 371
- Decision Date
CaseChat Overview and Summary
The Tribunal found McLeod's conduct to be both professional misconduct and unsatisfactory professional conduct. McLeod failed to inform the insurer of certain events in the proceedings, caused his legal practice to make untrue and dishonest representations to the insurer, settled matters without instructions, made false representations about when matters were settled, falsely informed the insurer that counsel had been briefed to provide advice, failed to inform the insurer of a trial date listing, dishonestly represented that the plaintiff’s solicitors were delaying certain matters, dishonestly represented to the plaintiff’s solicitors that steps had been taken to pay settlement funds when the insurer had not been informed of the settlement, and failed to comply with the insurer’s instructions on a number of occasions. McLeod also failed to comply with a notice issued by the Commissioner under s 443(3) of the Legal Profession Act 2007 (Qld). The Tribunal concluded that McLeod's conduct was disgraceful and dishonourable and violated or fell short of the standard of professional conduct observed or approved by members of the profession of good repute and competency. McLeod's conduct warranted characterisation as professional misconduct.
The Tribunal found that McLeod's conduct warranted a finding of permanent unfitness to practice, but the parties had agreed on the orders to be made, which included McLeod being publicly reprimanded and required to undertake specific steps before being able to apply for a practising certificate. The Tribunal considered the agreed position of the parties and concluded that it was appropriate to make the agreed orders. The Tribunal also found that McLeod's conduct warranted a finding of permanent unfitness to practice, but the agreed orders provided sufficient safeguards to ensure that McLeod would not be able to practise until he had demonstrated that he was capable of doing so safely. The Tribunal made the agreed orders, with some minor modifications.
Orders
Orders of the court
1. The respondent is publicly reprimanded.
2. The respondent may not apply for or obtain an employee level practising certificate until his application is accompanied by:
(a) a copy of these reasons (“the Reasons”); and
(b) a report on his mental condition and its effect on his ability to engage in legal practice, prepared by an independent practising psychiatrist who has been provided with a copy of the Reasons, with such report to be prepared no earlier than 12 months from the date of this Order, and within six months before the date upon which the respondent makes any such application.
3. Upon his being granted an employee level practising certificate, the respondent must undertake the next available ethics course facilitated by the Queensland Law Society.
4. The respondent may not apply for or obtain a certificate to practise as a principal until he has practised as an employed solicitor for five years. His first application for a certificate to practise as a principal must be accompanied by a report on his mental condition and its effect on his ability to engage in legal practice, prepared by an independent practising psychiatrist who has been provided with a copy of the Reasons, with such report to be prepared within six months before the date upon which the respondent makes the application.
5. On the third occasion the respondent applies for a certificate to practise as a principal (i.e. for the period next after he has held such certificate for two years), his application must be accompanied by a report on his mental condition and its effect on his ability to engage in legal practice, prepared by an independent practising psychiatrist who has been provided with a copy of the Reasons, with such report to be prepared within six months before the date upon which the respondent makes the application.
6. The respondent is to pay the applicant’s costs to be assessed on the standard basis as if this were a proceeding before the Supreme Court of Queensland.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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