Gullquist, Michael v Victorian Legal Services Commissioner [2018] VSCA 259

LEGAL PRACTITIONERS
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Tate, Beach and McLeish JJA
Parties: 

Gullquist, Michael v Victorian Legal Services Commissioner

Judgment Date: 
11 October 2018
Catchwords: 

LEGAL PRACTITIONERS - Disciplinary proceedings - Professional misconduct - Professional misconduct constituted by communicating in opponent's absence with court (magistrate) concerning matter of substance in current proceeding and without promptly telling opponent - Applicant found guilty of professional misconduct at VCAT - Application for leave to appeal to Trial Division refused - Application for leave to appeal Trial Division's refusal of leave to appeal from VCAT - Application for leave to appeal refused - Legal Profession Act 2004, s 4.4.3(1)(a) - Professional Conduct and Practice Rules 2005, rr 18.5 and 18.6 - Victorian Civil and Administrative Tribunal Act 1998, s 148.

LEGAL PRACTITIONERS - Disciplinary proceedings - Professional misconduct - Concessions made by applicant at VCAT - Points not argued below - Whether applicant should be permitted to resile from concessions or put arguments not put below - Whether communications concerned matter of substance - Whether VCAT findings contradictory - Whether any error of law in VCAT hearing or determination - Whether finding in breach of the Charter of Human Rights and Responsibilities - Whether permissible to charge applicant with 'course of conduct charge' - Whether applicant denied procedural fairness - Proposed appeal having no real prospect of success - Application for leave to appeal refused.

Citation: 
[2018] VSCA 259