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Legal Services Commissioner v Baker[2005] LPT 2

Legal Services Commissioner v Baker[2005] LPT 2

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Editorial Notes

  • Published Case Name:

    Legal Services Commissioner v Baker

  • Shortened Case Name:

    Legal Services Commissioner v Baker

  • MNC:

    [2005] LPT 2

  • Judge(s):

    Moynihan SJA

  • Date:

    27 Sep 2005

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2005] LPT 227 Sep 2005Legal Services Commissioner brought 18 charges against respondent for unprofessional conduct under the Queensland Law Society Act 1952 (Qld); held that eight charges of unprofessional conduct made out: Moynihan SJA
Primary JudgmentLegal Practice Tribunal (BS 9619/04) (no citation)13 Oct 2005Hearing on penalty following findings made in [2005] LPT 2; ordered pursuant to s 280(2)(a) of the Legal Profession Act 2004 (Qld) that respondent's name be removed from roll of solicitors, stayed pending determination of respondent's appeal: Moynihan SJA
Appeal Determined (QCA)[2005] QCA 482 [2006] 2 Qd R 10723 Dec 2005LSC appealed against stay ordered on 13 October 2005 and respondent cross-applied for stay of Tribunal's orders; whether Tribunal lacked power to stay orders and whether discretion wrongly exercised; LSC's appeal allowed, Tribunal's stay set aside and respondent's application for stay dismissed: M McMurdo P, Helman and Chesterman JJ
Appeal Determined (QCA)[2006] QCA 145 [2006] 2 Qd R 24905 May 2006Respondent appealed against Tribunal's order that his name be removed from roll of solicitors; whether finding of professional misconduct should be disturbed; appeal dismissed: McPherson and Jerrard JJA and Douglas J

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
Adamson v Queensland Law Society Incorporated[1990] 1 Qd R 498; [1989] QSCFC 1453 citations
Briginshaw v Briginshaw (1938) 60 C.L.R 3361 citation
EVBJ Pty Ltd v Greenwood (1988) 88 ATC 49771 citation
Re a practitioner of the Supreme Court (1927) SASR 581 citation
Re Bannister; Ex parte Hartstein (1975) 5 ACTR 1001 citation
Rejfek v McElroy (1965) 112 CLR 5171 citation
Sims v Craig Bell and Bond [1991] 3 NZLR 5351 citation

Cases Citing

Case NameFull CitationFrequency
Baker v Legal Services Commissioner[2006] 2 Qd R 249; [2006] QCA 1453 citations
Gary John Holley t/as Applied Building Approvals v Queensland Building Services Authority [2013] QCAT 5061 citation
Legal Services Commission v Walters [2007] LPT 62 citations
Legal Services Commissioner v Dempsey [2009] LPT 201 citation
Legal Services Commissioner v Graham [2014] QCAT 2231 citation
Legal Services Commissioner v Laylee [2017] QCAT 1842 citations
Legal Services Commissioner v Petschler [2009] LPT 242 citations
Legal Services Commissioner v Reid (No 3) [2017] QCAT 4712 citations
Legal Services Commissioner v Sewell (No 2) [2023] QCAT 3742 citations
Legal Services Commissioner v Shera [2009] LPT 152 citations
Legal Services Commissioner v Winning [2008] LPT 132 citations
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