Legal Practitioners Admissions Board v Doolan

[2016] QCA 331

Queensland Court of Appeal

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Catchwords

1. Professions and Trades
2. › Lawyers
3. › Qualifications and Admission
4. › Suitability for admission
5. › Early consideration of suitability
6. › Mental health as suitability matter
7. › Whether suitability matter (m) may be diminished at admission stage by reference to practising certificate stage
8. › Legal Profession Act 2007 (Qld), ss 9(1)(m), 31, 32, 33
1. Professions and Trades
2. › Lawyers
3. › Qualifications and Admission
4. › Suitability for admission
5. › Role of QCAT on referral under s 32(3)(b)
6. › Whether QCAT direction must be consistent with its own factual findings
7. › Legal Profession Act 2007 (Qld), ss 32, 33
1. Administrative Law
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Appeal on question of law
5. › Whether tribunal erred in making orders inconsistent with its factual findings
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 149(2), 153(2)(d)

Quick Take

The Supreme Court as admitting authority must give full consideration to each suitability matter under s 9(1) of the Legal Profession Act 2007 (Qld), including mental health under s 9(1)(m), and may not diminish its consideration of any suitability matter on the basis that it can be dealt with by the regulatory authority at the practising certificate stage. A binding suitability declaration under s 32 would preclude the regulatory authority from refusing a practising certificate on the same ground under s 46(4), and an admitted practitioner does not always require a practising certificate to perform legal work.

Case Details

Citation[2016] QCA 331

CourtQCA

JurisdictionQueensland

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2013Doolan v Legal Practitioners Admissions BoardQCA 43

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