SUPREME COURT OF QUEENSLAND
CITATION:
Warren v Legal Services Commissioner [2014] QCA 150
PARTIES:
ALEXIA MARGARET WARREN
(appellant/applicant)
v
LEGAL SERVICES COMMISSIONER
(respondent)FILE NO/S:
Appeal No 8960 of 2013
QCAT No 47 of 2013DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
Application for Stay of ExecutionORIGINATING COURT:
Queensland Civil and Administrative Tribunal at Brisbane
DELIVERED EX TEMPORE ON:
20 June 2014DELIVERED AT:
Brisbane
HEARING DATE:
20 June 2014
JUDGES:
Fraser and Morrison JJA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The application is refused.
2. The appeal is dismissed.
3. The appellant is to pay the respondent’s costs of the application and the appeal.
CATCHWORDS:
PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – DISCIPLINARY PROCEEDINGS – QUEENSLAND – PROCEEDINGS IN TRIBUNALS – where the respondent started a discipline application against the appellant and subsequently sought an order for substituted service – where at the directions hearing the appellant opposed the making of that order but admitted she had a copy of the discipline application – where the tribunal avoided debating questions of service and made directions to progress the discipline application – where the appellant argues she has not been duly served – whether the tribunal erred in making directions to advance the discipline application instead of making directions to advance the respondent’s application for substituted service
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28(3)(d), s 37(2)
Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 39, r 41Hope v Hope (1854) 4 De G M & G 328; 43 ER 534; [1854] EngR 805, cited
Neumann Contractors Pty Ltd v Traspunt No 5 Pty Ltd [2011] 2 Qd R 114; [2010] QCA 119, cited
Pino v Prosser and Hassan [1967] VR 835; [1967] VicRp 107, cited
Place Design Group Pty Ltd v Hassard [2013] QCAT 742, cited
United Group Resources Pty Ltd v Calabro (No 4) [2010] FCA 791, citedCOUNSEL:
A M Warren (sol) for the appellant
M D Nicolson, with S L Lane, for the respondentSOLICITORS:
Lexie Warren Solicitor for the appellant
Legal Services Commissioner for the respondent
FRASER JA: The appellant solicitor is an Australian legal practitioner. On 12 February 2013 the respondent commissioner started a discipline application against the appellant under s 452 of the Legal Profession Act 2007 (Qld) by filing the application in the Queensland Civil and Administrative Tribunal. On 4 July 2013 the respondent filed an application in that tribunal seeking an order for substituted service. The tribunal subsequently convened a directions hearing for 27 August 2013. The respondent notified the appellant that the respondent would pursue the application for substituted service at the directions hearing. The appellant appeared at the directions hearing. She informed the tribunal that she had received a copy of the discipline application from the respondent but she argued that she had not been duly served in…
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- Case
- [2014] QCA 150
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the tribunal was correct in advancing the disciplinary application instead of focusing on the Commissioner’s application for substituted service. The appellant argued that she had not been duly served, and thus the tribunal should have prioritised the substituted service application. This raised questions about the tribunal's adherence to procedural fairness and its obligation to address jurisdictional preliminaries before progressing substantive matters.
The court found that the tribunal did not err in its approach. It reasoned that the appellant’s concession of receiving a copy of the application meant she was effectively served, and the tribunal was justified in proceeding with the substantive matters. The court further noted that the tribunal’s decision to progress the application did not prejudice the appellant’s right to challenge the validity of the service. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent’s costs of the application and appeal.
Orders
Orders of the court
1. The application is refused.
2. The appeal is dismissed.
3. The appellant is to pay the respondent’s costs of the application and the appeal.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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