Giurina v McLeay

[2024] VSCA 326

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Review of County Court decision on appeal from Magistrates' Court
4. › Legal unreasonableness
5. › Whether findings of fact beyond reasonable doubt were legally unreasonable
6. › Whether lack of evidence or material to support findings
1. Criminal Law
2. › Statutory offences
3. › Strict liability
4. › Whether statutory offence requires mental element
5. › Presumption of mens rea
6. › Factors for displacement of presumption
7. › Protective and regulatory legislation
8. › Defence of honest and reasonable mistake
9. › Legal Profession Uniform Law, s 11(1)
1. Legal Profession
2. › Prohibition on representations by unqualified entities
3. › Definition of 'qualified entity'
4. › Whether person engaged in legal practice under authority of a law of a jurisdiction
5. › Whether habeas corpus jurisdiction authorises engagement in legal practice
6. › Legal Profession Uniform Law, ss 6, 11(1)

Quick Take

Section 11(1) of the Legal Profession Uniform Law (prohibition on representing entitlement to engage in legal practice) is a strict liability offence, subject to a defence of honest and reasonable mistake; paragraph (d) of the definition of 'qualified entity' in s 6 is confined to individuals with a statutory entitlement to practise without a practising certificate and does not extend to persons filing habeas corpus applications.

Case Details

Citation[2024] VSCA 326

CourtVSCA

JurisdictionVictoria

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on19

2024Gibson (a pseudonym) v The KingVSCA 33
2023Qu v WilksVSCA 198
2022JMNR v Minister for Immigration and CitizenshipFCA 50
2022Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural AffairsFCAFC 3
and 15 more after sign-in

Create free account

Already have an account? Sign in