Markan v Legal Services Commission

SUPREME COURT OF QUEENSLAND

CITATION:

Markan v Legal Services Commission [2011] QSC 338

PARTIES:

PETER MARKAN
(applicant)
v
LEGAL SERVICES COMMISSION

(respondent)

FILE NO/S:

SC No 3983 of 2011

DIVISION:

Trial

PROCEEDING:

Originating Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

11 November 2011

DELIVERED AT:

Brisbane

HEARING DATE:

18 August 2011

JUDGE:

Atkinson J

ORDER:

The application is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where the applicant made various complaints about his solicitor to the respondent, the Legal Services Commissioner – where the applicant sought a statutory order of review of a decision of the respondent – where the applicant alleged that the respondent had failed to investigate the allegations fairly and that he was biased towards members of the legal profession – whether the grounds of review were made out – whether the decision was judicially reviewable

Judicial Review Act 1991 (Qld), s 20, s 23

Legal Profession Act 2007 (Qld), s 447, s 435(2)

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, cited
Greenwood v Winsor [2008] QCA 415, cited
Kioa v West (1985) 159 CLR 550, cited
R v Markan [2009] QCA 110, cited

Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165; [2003] HCA 30, cited

COUNSEL:

The applicant appeared on his own behalf

S A McLeod for the respondent

SOLICITORS:

The applicant appeared on his own behalf

Crown Law for the respondent

1. The applicant, Peter Markan, commenced proceedings in the Supreme Court on 12 May 2011 seeking a statutory order of review pursuant to the Judicial Review Act 1991 (Qld) (“the Act”) of a decision of the respondent, described in the application as “John Briton – Legal Services Commission”.

Background

1. The applicant made a complaint to the Queensland Law Society (“QLS”) dated 10 May 2010 concerning the conduct of his solicitor.  By letter dated 12 May 2010, QLS advised the applicant that it had no jurisdiction to receive complaints and had referred the matter to the Legal Services Commissioner (“the Commissioner”).

1. Upon receipt of the applicant’s complaint, the Commissioner, Mr Briton, determined to refer the matter to QLS for investigation pursuant to s 435(2) of the Legal Profession Act 2007 (Qld). He indicated in a letter dated 27 May 2010 to QLS that, on his analysis, the complaint raised conduct issues including allegations that:

1.          the solicitor withdrew trust funds without authority (the first allegation); and

2.          the solicitor failed to follow the applicant’s instructions regarding obtaining certain advice from counsel (the second allegation). This related to obtaining counsel’s advice on the prospects of success of an appeal to the High Court against the applicant’s conviction of one count of grievous bodily harm following a trial in the District Court which had previously been dismissed by the Court of Appeal.[1]

[1]See R v Markan [2009] QCA 110.

1. On 16 August 2010, QLS advised the applicant…