Legal Services Commissioner v Williamson

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Legal Services Commissioner v Williamson [2019] QCAT 82

PARTIES:

LEGAL SERVICES COMMISSIONER
(applicant)

v

JENNIFER LESLIE WILLIAMSON

(respondent)

APPLICATION NO:

071 of 2015

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

16 April 2019

HEARING DATE:

6 February 2018

HEARD AT:

Brisbane

DECISION OF:

Justice Daubney, President

Assisted by:
Mr Ken Horsley
Dr Margaret Steinberg AM

ORDERS:

1.   The discipline application filed 29 April 2015 is dismissed.

2.   The Tribunal will hear the parties as to costs.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – GENERAL – where the respondent is charged with witnessing a transferor’s signature on a land transfer which was not signed in her presence contrary to s 162 of the Land Title Act 1994 (Qld) – where the respondent is charged with acting without instructions in endorsing the transferee’s execution of the transfer – where the respondent is found to have allowed a transferor’s signature on the execution of a land transfer to be incorrectly dated – whether allowing a transferor’s signature on a land transfer to be incorrectly dated is unsatisfactory professional conduct within the meaning of s 418 of the Legal Profession Act 2007 (Qld)

Duties Act 2001 (Qld), s 16
Land Title Act 1994 (Qld), s 162
Legal Profession Act 2007 (Qld), s 418, s 419, s 452, s 656C

Adamson v Queensland Law Society [1990] 1 Qd R 498
Attorney-General v Bax [1999] 2 Qd R 9; [1998] QCA 089
Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34
De Kuyper v Crafter [1942] SASR 238
Legal Services Commissioner v Bone [2013] QCAT 550
Legal Services Commissioner v Laylee & Anor [2016] QCAT 237
Legal Services Commissioner v McClelland [2006] LPT 13
Legal Services Commissioner v Sorban [2009] LPT 5

APPEARANCES & REPRESENTATION:

Applicant:

G R Rice QC, instructed by Legal Services Commissioner

Respondent:

G Page QC, with R Sibley, instructed by Williamson & Associates

REASONS FOR DECISION

1. On 11 January 2010, one Timothy John Henderson made an online complaint to the applicant, Legal Services Commissioner, about the respondent solicitor, Ms Jennifer Williamson.  The complaint was said to have been made by Henderson “for and on behalf of Leanne Apostolakis”.  The complaint form alleged:

   The Respondent signed a Form 1 Title Document stating she witnessed the signatures on it before paying the duty payable, however the signature is a forgery and Mrs Apostolakis was not in the State of Queensland at that time.

2. The complaint form stated further:

   On the 18^th June, 2007, Jennifer Williamson witnessed a Land Titles Transfer Form 1, which was purportedly signed by Mrs Leanne Apostolakis on the 15^th June 2007 and her husband, Mr Thomas Edward Apostolakis also on the 15^th June, 2007.

   The Titles Transfer Form shows that Ms Williamson then proceeded to pay the Duty on the Transfer which has been confirmed by the Office of State Revenue, however the titles was then never lodged.