Markan v Bar Association of Queensland

[2013] QCA 379

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Disqualification of judge
3. › Apprehended bias
4. › Judge whose disqualification is sought hearing the application
5. › Whether ordinary and correct practice
6. › Whether former membership of professional association and professional connections give rise to apprehended bias
1. Practice and Procedure
2. › Striking out
3. › No reasonable cause of action
4. › Claim based on breach of contract
5. › Whether statutory investigation of complaints capable of giving rise to contractual relationship
6. › Legal Profession Act 2007 (Qld), s 435, s 439
7. › Uniform Civil Procedure Rules 1999 (Qld), r 16, r 171
1. Consumer Law
2. › Australian Consumer Law
3. › Trade or commerce
4. › Whether investigation of complaint against legal practitioner pursuant to statutory duty is conduct in trade or commerce
5. › Competition and Consumer Act 2010 (Cth)
1. Contract
2. › Formation
3. › Offer and acceptance
4. › Whether letter advising of statutory investigation procedure constituted contractual offer capable of acceptance

Quick Take

A professional association's investigation of complaints against practitioners pursuant to statutory duty under the Legal Profession Act 2007 (Qld) is not conduct 'in trade or commerce' for the purposes of the Australian Consumer Law. Letters from a professional association advising a complainant of the statutory investigation procedure do not constitute contractual offers capable of acceptance. A judge's former membership of a professional association and professional connections with the legal profession do not, without more, give rise to a reasonable apprehension of bias.