Council of the Queensland Law Society Inc v Cummings; ex parte A-G (Qld) & Minister for Justice

[2004] QCA 138

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Professions and Trades
2. › Lawyers
3. › Misconduct, Unfitness and Discipline
4. › Disciplinary Orders
5. › Suspension versus Striking Off
6. › Trust account breaches without dishonesty
7. › Whether suspension adequate where no finding of dishonesty
8. › Whether undertaking not to seek principal practising certificate relevant to fitness
9. › Queensland Law Society Act 1952 (Qld), ss 6R, 6Z, 40(1)(a), 41(1)(g)
10. › Trust Accounts Act 1973 (Qld), ss 7, 8, 16
1. Professions and Trades
2. › Lawyers
3. › Misconduct, Unfitness and Discipline
4. › Fitness to Practise
5. › Assessment at time of hearing
6. › Whether practitioner lacking in character and trustworthiness
7. › Relevance of absence of dishonesty
8. › Relevance of undertakings given to Tribunal
1. Appeal
2. › Standard of Appellate Review
3. › Disciplinary proceedings
4. › Onus on appellant to establish penalty manifestly inadequate

Quick Take

Trust account breaches constituting professional misconduct do not necessarily require striking off where there is no dishonesty or personal gain. An undertaking not to seek a principal level practising certificate, combined with an undertaking to restore trust deficiencies, may adequately protect the public and support a finding of fitness to practise at an employee level. The absence of dishonesty is a critical distinguishing factor from cases where striking off has been ordered.