Queensland Law Soc Inc & Anor v PA Sande

This is a motion to commit Mr Sande to prison for contempt by reason of his breach of an order of the court made on 5 June 1995. The order restrained Mr Sande from directly or indirectly acting or practising in Queensland as a solicitor or conveyancer without a certificate and from directly or indirectly, for expectation of fee gain or reward, drawing or preparing a conveyance or other deed or instrument in writing relating to real estate, in the State of Queensland. The notice of motion cites fourteen particular instances of breaches of each part of the order, referring to certain services and activity performed for fourteen named persons. Mr Sande is not qualified as a solicitor and has never held a certificate authorising him to practise in Queensland either as a solicitor or a conveyancer. Property Pack has no relevant certificate, and indeed a corporation cannot be issued with a certificate in Queensland. Apart from Mr Sande, no person employed by or associated with Property Pack or Realty Conveyancing Services (RCS) has any relevant qualification or expertise to be able to operate personally as a conveyancer or as a solicitor. Mr Sande is the person who has conceived the scheme of operation and has caused the company to act in this way. He is also the manager and principal employee who decides when to act and when not to act and who gives advice to clients when it seems expedient or necessary to do so. On some occasions however Mr Sande has identified legal problems beyond the capacity of the limited services he considers it appropriate to render, and has on such occasions referred matters to solicitors to deal with. I am satisfied to the necessary standard that on the fourteen instances contained in subparagraphs (a) to (n) of the notice of motion Mr Sande did directly or indirectly act and practise both as a solicitor and a conveyancer without having at the time a certificate referred to in s.38 of the Queensland Law Society Act 1952. I am also satisfied to the necessary standard with respect to subparagraphs (q), (v), (w) and (aa) of the notice of motion that Mr Sande did directly or indirectly draw or prepare an instrument in writing relating to real estate in the State of Queensland on behalf of the various persons named in those particulars when he was not at the time lawfully issued with a certificate by the secretary of the Queensland Law Society Incorporated. There will be a finding that Mr Sande has been guilty of contempt of Court with respect to the particulars mentioned.