Mathews v Legal Services Commissioner

In the Supreme Court of Queensland, Mathews brought an application for a statutory order of review against the Legal Services Commissioner. The Commissioner responded by asserting that the application should have been filed in the Trial Division rather than the Court of Appeal, arguing that the Court of Appeal lacked the requisite jurisdiction. The court was tasked with determining whether the Court of Appeal had jurisdiction to hear the application and whether the matter had been improperly instituted in the Court of Appeal.

The court examined the jurisdictional question, noting that the Trial Division possesses original civil jurisdiction under the Uniform Civil Procedure Rules. Given that there was no apparent merit in the application, the court found that the matter should have been brought in the Trial Division. The court also considered whether the Court of Appeal has inherent jurisdiction to control and discipline legal practitioners, ultimately concluding that it should not exercise such jurisdiction in this instance.

In light of the findings, the court struck out the application filed by Mathews on 30 June 2015. The parties were granted leave to file written submissions regarding costs within 14 days from the date of the decision. The court’s ruling clarified the jurisdictional boundaries within the Queensland Supreme Court and reinforced the importance of instituting applications in the correct division.