Legal Services Commissioner v Reeve - [2016] QCAT 209

CITATION:

Legal Services Commissioner v Reeve [2016] QCAT 209

PARTIES:	Legal Services Commissioner (Applicant)
v
Christopher Parker Reeve (Respondent)

APPLICATION NUMBER:

OCR267-13

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

17 December 2015

HEARD AT:

Brisbane

DECISION OF:

Justice DG Thomas
Assisted by:
Ms Megan Mahon, Legal panel member
Dr Margaret Steinberg, Lay panel member

DELIVERED ON:

21 July 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The respondent is publicly reprimanded.

2. The respondent is to pay a fine in the sum of $1,500.00 within 30 days from the date of this order.

3. Mr Smith is to file submissions, by reference to sections 464 and 465 of the Legal Profession Act 2007 (Qld) as to the basis upon which he is entitled to a Compensation Order with respect to the sum of $2,337.50 plus interest from 3 April 2009. Such submissions are to be made, by:

4:00pm on 22 August 2016.

4. The respondent is to file submissions in reply, by:

4:00pm on 19 September 2016.

5. The applicant is to make any submissions he wishes to make with respect to costs, by:

4:00pm on 11 August 2016.

6. The respondent is to make any submissions in response with respect to the appropriate order for costs, by:

4:00pm on 1 September 2016.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – TRUST MONEY – where the respondent was charged with incorrectly disbursing trust monies pursuant to s 249 of the
Legal Profession Act 2007 (Qld) and misleading his client as to the basis he was receiving funds into trust – where the main evidence relied upon was uncontested affidavits – whether the respondent’s conduct amounts to unsatisfactory professional conduct or professional misconduct – nature of appropriate sanction

Legal Profession Act 2007 (Qld) ss 249, 418, 419, 420(1), 464(d)(i), 465

Briginshaw v Briginshaw (1938) 60 CLR 336
Clancy v Prince [2001] NSWSC 85
GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631

APPEARANCES and REPRESENTATION:

APPLICANT:

A.D. Scott instructed by the Legal Services Commissioner

RESPONDENT:

J.P. Mould QC instructed by Mr Reeve

REASONS FOR DECISION

The Commissioner alleges that the following charges constitute professional misconduct and/or unsatisfactory professional conduct.
Charge 1 – dealing with trust money contrary to s 249 Legal Profession Act 2007 (Qld) (‘The Act’).
·On 3 April 2009, Mr Reeve disbursed trust monies contrary to s 249 of the Act.
Charge 2 – misleading conduct
·Between 2 April 2009, and 20 April 2009, Mr Reeve misled Mr Paul Smith about the basis upon which he was receiving funds into trust.

Background

The parties have filed an agreed statement of facts.
Affidavits have also been sworn and filed. Those affidavits are:
a)    Affidavit of David Arthur Wythes sworn 22 April 2014.
b)    Affidavit of Paul William Smith sworn 5 May 2014.
c)    Affidavit of Christopher Parker Reeve sworn 5 June 2014.
Despite the fact that the affidavits were filed and the contents of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2016] QCAT 209
Decision Date: 21 July 2016

CaseChat Overview and Summary

The Legal Services Commissioner brought a complaint against Mr Reeve, a legal practitioner, in relation to his handling of trust money and his misleading of a client about the source of funds. The dispute was heard and determined by the Queensland Civil and Administrative Tribunal. The primary legal issues for the tribunal were whether Mr Reeve's actions constituted unsatisfactory professional conduct or professional misconduct, and if so, what the appropriate sanctions should be.

The tribunal found that Mr Reeve had indeed engaged in conduct that amounted to unsatisfactory professional conduct and professional misconduct. Specifically, Mr Reeve had disbursed trust moneys improperly and misled his client regarding the source of funds received into trust. The tribunal relied on uncontested affidavits as the main evidence in reaching its conclusions. The tribunal determined that Mr Reeve's conduct warranted a public reprimand and a fine of $1,500. Additionally, the tribunal ordered Mr Reeve to submit, by a specified date, submissions regarding his entitlement to a compensation order for $2,337.50 plus interest from 3 April 2009. The Legal Services Commissioner was also given the opportunity to make submissions on the appropriate order for costs, with responses due from both parties by specified dates.

Orders

Orders of the court

1. The respondent is publicly reprimanded.

2. The respondent is to pay a fine in the sum of $1,500.00 within 30 days from the date of this order.

3. Mr Smith is to file submissions, by reference to sections 464 and 465 of the Legal Profession Act 2007 (Qld) as to the basis upon which he is entitled to a Compensation Order with respect to the sum of $2,337.50 plus interest from 3 April 2009. Such submissions are to be made, by:

4:00pm on 22 August 2016.

4. The respondent is to file submissions in reply, by:

4:00pm on 19 September 2016.

5. The applicant is to make any submissions he wishes to make with respect to costs, by:

4:00pm on 11 August 2016.

6. The respondent is to make any submissions in response with respect to the appropriate order for costs, by:

4:00pm on 1 September 2016.

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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