Victorian Legal Services Board v Jensen

Case

[2018] VSC 740

2 August 2018


Details
AGLC Case Decision Date
Victorian Legal Services Board v Jensen [2018] VSC 740 [2018] VSC 740 2 August 2018

CaseChat Overview and Summary

The case before the court involved the Victorian Legal Services Board and Jensen. Jensen, an unqualified individual, was accused of engaging in legal practice by advertising and making representations that implied he was entitled to do so. The Legal Services Board sought an injunction and orders to prevent Jensen from continuing these activities. The dispute was heard in the Supreme Court of Victoria.

The primary legal issue was whether Jensen had contravened the Legal Professional Uniform Law, specifically sections 9, 10, 11, and 447(2) to 447(4) of the Legal Professional Uniform Law Application Act 2014. The court had to determine if Jensen's actions amounted to engaging in legal practice without the necessary qualifications and if his advertising and representations misled the public regarding his legal status.

The court found that Jensen had indeed contravened the legal provisions by advertising and representing himself as qualified to provide legal services. The court concluded that his actions had the effect of misleading the public and engaging in legal practice without the requisite qualifications. The court granted the injunction and orders sought by the Legal Services Board, prohibiting Jensen from continuing his unauthorised legal practice and misleading representations. These orders included a requirement for Jensen to cease all activities that implied he was entitled to engage in legal practice without the necessary qualifications.

The final orders included an injunction restraining Jensen from engaging in any activities that implied he was qualified to provide legal services, and a direction for him to remove all misleading advertisements and representations. The court also ordered Jensen to pay costs associated with the proceedings.
Details

Areas of Law

  • Professional Regulation

Legal Concepts

  • Advertising

  • Restraint of Trade

  • Injunction

Actions
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Cases Citing This Decision

22

Cases Cited

1

Statutory Material Cited

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