Queensland Law Society Inc v Sande

The Queensland Law Society Inc, along with the Council of the Queensland Law Society Inc, sought an injunction against Paul Alexander Sande, a defendant who had been conducting conveyancing work in Queensland without appropriate registration as a solicitor or conveyancer. Sande argued that he was entitled to practice under the Mutual Recognition Act 1992 (Cth), which permits individuals registered in one state to seek registration in another for an equivalent occupation. The case required the court to determine whether Sande's continuous applications for registration constituted an abuse of process, and whether he was entitled to continue practising while his application was under review.

The court examined the provisions of the Mutual Recognition Act, particularly sections 17, 23, 25, and 26, to understand the rights and limitations of deemed registration and the effect of refusals on such registrations. Sande's submissions suggested that he could continually apply for registration to maintain a period of deemed registration, despite previous refusals. The court held that while Sande had a legal right to make such applications, repeatedly doing so was an abuse of process. The court's inherent power to prevent abuse of process allowed it to restrain Sande from practising until his application was finally determined. The court issued an injunction to prevent Sande from practising as a solicitor or conveyancer in Queensland until he obtained the necessary registration, with the restraint to take effect fourteen days after any refusal of his latest application.

The court's decision ensured that the orderly administration of the legal profession was preserved, and it prevented Sande from subverting the legal process through repeated applications. The injunction effectively aligned with the spirit of the Mutual Recognition Act by balancing the applicant's rights with the need to maintain the integrity of the legal system.