CITATION: | Legal Services Commissioner v Shand [2017] QCAT 159 |
PARTIES: | Legal Services Commissioner |
| v | |
| Harold Warner Shand (Respondent) | |
APPLICATION NUMBER: | OCR163-13 |
MATTER TYPE: | Occupational regulation matters |
HEARING DATE: | 28 February 2017 |
HEARD AT: | Brisbane |
DECISION OF: | Hon J B Thomas, Judicial Member |
DELIVERED ON: | 12 May 2017 |
DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. A finding is recorded that under s 456(1) of the Legal Profession Act 2007 the Tribunal is satisfied that the respondent Harold Warner Shand engaged in professional misconduct. 2. It is ordered that a local practising certificate not be granted to the respondent before the expiry of five years from the date of this order. 3. The Respondent must pay the Applicant’s costs fixed in the sum of $2500.00 on or before 30 June 2017. 4. The Respondent’s application for a non-publication order is refused. |
CATCHWORDS: | PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – PROFESSIONAL MISCONDUCT – where respondent charged and convicted with criminal offence of corruptly giving valuable consideration to influence an agent – where sentence for criminal offence duly served – where respondent gave an undertaking to the Legal Services Commissioner not to practise law again – where respondent made full admissions and did not dispute finding of professional misconduct – whether respondent guilty of professional misconduct – whether respondent a fit and proper person to continue to practise – whether respondent’s name should be removed from the local roll of practitioners – whether respondent should be prohibited from applying for a practicing certificate PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – APPLICATION FOR NON-PUBLICATION ORDER – where respondent foreshadowed application for non-publication of his identifying information – where grounds for non-publication concern embarrassment – whether it is appropriate to grant the order COSTS - application by Commissioner for order for costs to be assessed – circumstances where payment of a limited sum fixed by the Tribunal considered more appropriate Legal Profession Act 2007 (Qld) ss 419, 420, 452, 456, 462, 656D A Solicitor v Council of the Law Society of New South Wales (2004) 216 CLR 253 |
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- Case
- [2017] QCAT 159
- Decision Date
CaseChat Overview and Summary
The tribunal was required to determine whether Shand was guilty of professional misconduct and whether he was a fit and proper person to continue to practise law. Additionally, the tribunal had to decide whether Shand's name should be removed from the local roll of practitioners and whether he should be prohibited from applying for a practising certificate. The tribunal was also required to determine whether the Respondent's application for a non-publication order should be granted. The tribunal held that Shand's criminal conviction and his admission of professional misconduct demonstrated that he was not a fit and proper person to continue to practise law. The tribunal found that Shand was guilty of professional misconduct and that his name should be removed from the local roll of practitioners.
The tribunal ordered that Shand's name be removed from the local roll of practitioners and that a local practising certificate not be granted to him before the expiry of five years from the date of the order. The tribunal also ordered that Shand pay the Applicant's costs fixed in the sum of $2500.00 on or before 30 June 2017. The tribunal refused Shand's application for a non-publication order, stating that the grounds for the order were not sufficient to warrant its grant. Shand's application for costs was also dismissed, and he was ordered to pay the Applicant's costs.
Orders
Orders of the court
1. A finding is recorded that under s 456(1) of the Legal Profession Act 2007 the Tribunal is satisfied that the respondent Harold Warner Shand engaged in professional misconduct.
2. It is ordered that a local practising certificate not be granted to the respondent before the expiry of five years from the date of this order.
3. The Respondent must pay the Applicant’s costs fixed in the sum of $2500.00 on or before 30 June 2017.
4. The Respondent’s application for a non-publication order is refused.
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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