Michael Gullquist v Victorian Legal Services Commissioner

Michael Gullquist applied for leave to appeal against the refusal of his application for leave to appeal against the decision of the Victorian Civil and Administrative Tribunal (VCAT) dismissing his appeal against a finding of professional misconduct. The Victorian Legal Services Commissioner found the applicant guilty of professional misconduct for communicating with a magistrate about the merits of a case without informing the opponent and without promptly telling the opponent. VCAT found the applicant guilty of professional misconduct and dismissed the appeal. The applicant sought leave to appeal against the refusal of his application for leave to appeal to the Supreme Court Trial Division, which was also refused.
The applicant argued that he should be permitted to resile from his concessions at VCAT or to put forward arguments that he had not previously raised. He contended that the communications with the magistrate did not concern a matter of substance, and that VCAT’s findings were contradictory and in error. He also argued that the charge against him breached the Charter of Human Rights and Responsibilities, and that he was denied procedural fairness. However, the Court found that the applicant’s proposed appeal had no real prospect of success.

The Court held that the applicant’s concessions at VCAT were valid, and that he could not resile from them or raise new arguments. The Court also held that the communications with the magistrate did concern a matter of substance, and that there was no error of law in VCAT’s hearing or determination. The Court found that the charge against the applicant did not breach the Charter, and that he was not denied procedural fairness. The Court therefore refused the application for leave to appeal.