Re Edward Wayne Muirhead
[2023] QSC 14
•14 February 2023
SUPREME COURT OF QUEENSLAND
CITATION:
Re Edward Wayne Muirhead [2023] QSC 14
PARTIES:
In the matter of an application for Admission to the Legal Profession under the Legal Profession Act 2007 (Qld) and the Supreme Court (Admission) Rules 2004 (Qld) by EDWARD WAYNE MUIRHEAD
FILE NO/S:
336/21
DIVISION:
Trial Division
PROCEEDING:
Civil
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
14 February 2023
DELIVERED AT:
Brisbane
HEARING DATE:
Hearing: 27 and 28 October 2022
Board’s written submissions received 23 November 2022
Applicant’s written submissions received 8 December 2022
Board’s written reply submissions received 10 January 2023
JUDGE:
Ryan J
ORDER:
Findings of fact as set out in the judgment.
Publication of judgment restricted to the Court of Appeal and the parties, subject to further Court order.
Parties to be heard as to the need to seal the filed material
Parties to be heard as to costs.
CATCHWORDS:
PROFESSIONS AND TRADES – LAWYERS – QUALIFICATIONS AND ADMISSION – JURISDICTION OF SUPREME COURTS – where the applicant applied for admission to the legal profession – whether the Court of Appeal ordered that the matter be listed for hearing in the Trial Division – where there was an objection to the applicant’s admission on the basis of his alleged conduct towards the objector – where the applicant denied the alleged conduct – where the Court of Appeal referred the question of fact in contest to the trial division for findings
COUNSEL:
S Keim SC and S Malcolmson for the applicant (pro bono)
K Wilson KC and J Sheean for the respondent/Board
SOLICITORS:
The applicant’s counsel appeared uninstructed
Bennett and Philp for the respondent
On 7 January 2021, Mr Muirhead applied for admission as a legal practitioner. There was an objection to his admission by Ms Tania Marshall on the basis of his alleged conduct towards her over several years. I was required to make findings of fact about Ms Marshall’s allegations to assist the Court of Appeal in determining Mr Muirhead’s suitability for admission to the legal profession. For the reasons set out in paragraphs [2] – [4] below, I have restricted publication of this judgment, beyond this paragraph, to the Court of Appeal and the parties, until further order.
Paragraphs [2] – [287] of the judgment restricted
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