Queensland Civil and Administrative Tribunal

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Legal Services Commissioner v Rosen [2015] QCAT 306 (OCR151-13) Justice Carmody 03/08/2015

Full-text: QCAT15-306.pdf

Catchwords

PROFESSIONS AND TRADES – LAWYERS – COMPLAINTS AND DISCIPLINE – PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT – FAMILY LAW – SUCCESSIVE CONFLICT OF INTEREST –– where the respondent was a legal professional practicing in family law – where the respondent was representing the complainant in respect of a property management dispute – where the respondent had formerly represented the complainant’s husband in a previous property management dispute – where the legal representatives of the complainant’s husband filed an application for an injunction restraining the respondent from acting for the complainant on the basis of an apparent successive conflict of interest – where the complainant instructed the respondent to contest the application for an injunction – where the Federal Magistrates Court granted the injunction restraining the respondent from continuing to represent the applicant – where the complainant filed a complaint regarding the conduct of the respondent with the Legal Services Commissioner – where the complainant filed an application with the Queensland Civil and Administrative Tribunal for compensation for legal costs and expenses incurred in prosecuting the property management dispute – whether the conduct of the respondent constituted unsatisfactory professional conduct – whether the complainant should receive compensation for legal costs and expenses incurred in prosecuting the property management dispute.