Warren v Queensland Law Society Incorporated (No.2)

In *Warren v Queensland Law Society Incorporated (No.2)*, the Queensland Civil and Administrative Tribunal (QCAT) considered an application by Mr. Warren for a review of a decision made by the Queensland Law Society Incorporated (QLS). The dispute concerned the QLS's refusal to grant Mr. Warren a fidelity fund exemption certificate.

The primary legal issue before the Tribunal was whether Mr. Warren had established that he was a "legal practitioner" within the meaning of the *Legal Profession Act 2003* (Qld) at the relevant time, and consequently, whether he was entitled to an exemption from the requirement to pay contributions to the fidelity fund. The Tribunal was required to determine if Mr. Warren's circumstances met the criteria for such an exemption as set out in the Act and associated regulations.

The Tribunal found that Mr. Warren had not discharged the onus of proving he was a legal practitioner as defined by the *Legal Profession Act 2003* (Qld) during the period in question. His evidence did not demonstrate that he held a current practising certificate or otherwise met the statutory definition of a legal practitioner. Accordingly, the Tribunal concluded that he was not entitled to the fidelity fund exemption certificate he sought. The Tribunal therefore affirmed the decision of the Queensland Law Society Incorporated.