SUPREME COURT OF QUEENSLAND
CITATION:
Legal Services Commissioner v Moore [2021] QSC 280
PARTIES:
LEGAL SERVICES COMMISSIONER
(applicant)
v
NERISE DAWN MOORE(respondent)
FILE NO/S:
BS 10541 of 2021
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
5 November 2021
DELIVERED AT:
Brisbane
HEARING DATE:
12 October 2021; supplementary outline of argument on behalf of the applicant dated 13 October 2021; further supplementary outline of argument on behalf of the applicant dated 21 October 2021
JUDGE:
Burns J
ORDER:
THE ORDER OF THE COURT IS THAT:
1. Pursuant to s 133(1) of the Legal Profession Act 2007 (Qld), the respondent is permanently disqualified from managing a corporation that is an incorporated legal practice.
2. The respondent shall pay the applicant’s costs of the application to be assessed on the standard basis.
CATCHWORDS:
PROFESSIONS AND TRADES – LAWYERS – UNQUALIFIED PERSONS AND DISQUALIFIED PRACTITIONERS – GENERALLY – where the applicant Commissioner sought an order pursuant to s 133(1) of the Legal Profession Act 2007 (Qld) disqualifying the respondent from managing an incorporated legal practice – whether the respondent had engaged in conduct capable of supporting a disqualification under ss 206C, 206D, 206E or 206F of the Corporations Act 2001 (Cth) from managing corporations – whether disqualification of the respondent from managing an incorporated legal practice is otherwise justified – whether any such disqualification should be permanent
Corporations Act 2001 (Cth), s 180, s 181, s 182, s 206C, s 1317E
Legal Profession Act 2007 (Qld), s 3, s 6, s 24, s 25, s 111, s 117, s 118, s 119, s 133, s 261, s 703
Legal Profession Regulation 2017 (Qld), reg 14, reg 31, reg 34, reg 35, reg 37, reg 39, reg 42, reg 44, reg 50, reg 53Angas Law Services Pty Ltd (in liq) v Carabelas (2005) 226 CLR 50, cited
ASIC v Vocation Ltd (2019) 371 ALR 15, cited
Australian Securities and Investments Commission v Elm Financial Services Pty Ltd (2005) 55 ACSR 544, cited
Australian Securities and Investments Commission v Managed Investments Ltd (No 10) [2017] QSC 96, cited
Australian Securities and Investments Commission v White (2006) 58 ACSR 261, cited
Australian Securities Commission v Donovan (1998) 28 ACSR 583, cited
Binns v Gardiner (2004) 151 A Crim R 1, cited
Cassimatis v ASIC (2020) 376 ALR 261, cited
Chew v The Queen (1991) 4 WAR 21, cited
Doyle v Australian Securities and Investments Commission (2005) 227 CLR 18, cited
Kyriackou v Law Institute of Victoria (2014) 45 VR 540, cited
Legal Services Commissioner v Walter [2011] QSC 132, cited
R v Byrnes (1995) 183 CLR 501, cited
R v Tunde-Olarinde (1967) 51 Cr App Rep 249, cited
Re HIH Insurance Ltd; ASIC v Adler (2002) 42 ACSR 80, cited
Re Idylic Solutions Pty Ltd; ASIC v Hobbs & Ors (2013) 93 ACSR 421, cited
Rich v ASIC (2004) 220 CLR 129, cited
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- Case
- [2021] QSC 280
- Decision Date
CaseChat Overview and Summary
The legal issues centred on whether Moore's conduct met the criteria for disqualification under sections 206C, 206D, 206E, or 206F of the Corporations Act, and if so, whether this warranted disqualification from managing an incorporated legal practice. The court examined the nature and severity of Moore's breaches, including dishonest conduct and contraventions of the legal profession’s ethical standards.
In reaching its decision, the court meticulously reviewed the evidence of Moore's misconduct and the implications of such conduct on public confidence in the legal profession. The court found that Moore's actions were not only inconsistent with the professional standards expected of a legal practitioner but also posed a significant risk to the integrity of the legal services market. Consequently, the court concluded that permanent disqualification was warranted to protect the public interest and maintain the standards of the legal profession.
The orders made by the court were that Moore is permanently disqualified from managing any corporation that is an incorporated legal practice. Additionally, Moore was ordered to pay the Legal Services Commissioner’s costs of the application, to be assessed on the standard basis.
Orders
Orders of the court
THE ORDER OF THE COURT IS THAT:
1. Pursuant to s 133(1) of the Legal Profession Act 2007 (Qld), the respondent is permanently disqualified from managing a corporation that is an incorporated legal practice.
2. The respondent shall pay the applicant’s costs of the application to be assessed on the standard basis.
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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