Legal Services Commissioner v Puryer (No 2)

The Legal Services Commissioner brought proceedings against Puryer, a legal practitioner, regarding allegations of professional misconduct. The Tribunal found Puryer guilty of the charges and ordered his name be removed from the roll of practitioners, as well as directing him to pay the Commissioner’s costs. Puryer appealed the Tribunal's decision, which was dismissed by the Court of Appeal. The Tribunal had ordered that the parties file and exchange submissions on costs and nominate a costs assessor. The Tribunal nominated a costs assessor, but the Commissioner argued that the Tribunal had no power to do so, as the costs assessor should have been nominated by the parties. Puryer argued that the Tribunal’s order for costs assessment was invalid as the costs assessor was not nominated by the parties. The Court considered whether the Tribunal had the power to nominate a costs assessor.

The Court held that the Tribunal had unqualified power to nominate a costs assessor. The Court noted that the Tribunal had the power to make orders for costs assessment under s 107 of the Queensland Civil and Administrative Tribunal Act 2009. The Court held that the Tribunal’s order for costs assessment was valid, as the Tribunal had the power to nominate a costs assessor. The Court also held that the costs assessor nominated by the Tribunal was appropriate. The Court ordered that the Commissioner’s costs be assessed by Graham Robinson and that Order 4 of the Tribunal’s orders be amended to reflect this.