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Application by LSC for declarations as to the proper construction of s 48IC of the Queensland Law Society Act for the purposes of determining whether the respondent has overcharged two former clients; finding the funds advanced into the solicitor's trust account constituted 'disbursement' within the meaning of Act s 481C; GST Act does not impinge upon or override s 48IC of the Act; declarations made: Chesterman J.
Appeal Determined (QCA)
[2008] QCA 122 [2008] 2 Qd R 272
23 May 2008
Appeal dismissed with costs; the outlays paid on behalf of the clients by Mr Dempsey from funds raised through "litigation loans" were disbursements within the terms of D in s 48IC(1) of the QLS Act; s 48IB QLS Act precluded Mr Dempsey's claim to recover the amount of his GST liability from his clients even if the terms of the GST Act did not do so: McMurdo P, Keane JA and White J.
Appeal Status
Appeal Determined (QCA)
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