Markan v Crime and Misconduct Commission

[2014] QCA 60

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › General principles
3. › Right of appeal
4. › When appeal lies
5. › Error of law
6. › Whether primary judge erred in striking out claim as having no prospects of success
1. Practice and Procedure
2. › Summary disposal
3. › Claim manifestly without merit
4. › No factual basis for claim
5. › Legislative scheme not supporting possibility of claim
6. › Crime and Misconduct Act 2001 (Qld)

Quick Take

A claim against the Crime and Misconduct Commission alleging failure to protect a complainant from a 'lawyers' mafia' was manifestly without merit where the CMC had no statutory jurisdiction over private lawyers (who are not a 'unit of public administration' under the Crime and Misconduct Act 2001 (Qld)), the complaints had been properly dealt with by the appropriate bodies, and there was no factual basis for the allegations.