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legal services commissioner v nguyen

2023.03.08

See 8 U.S.C. Date: 23 August 2013. There is no need, in these reasons, to descend into detail as to the change in approach by the Legal Services Commissioner. Tamb oferim en VOSC el contingut daquestes sries que no es troba doblat, com les temporades deDoctor Who de la 7 en endavant,les OVA i els especials de One Piece i molt ms. All rights reserved. 18) and defendant's cross-motion (R. LSC v Nguyen [2014] VCAT 744. Take for example the case of Legal Services Commissioner v Nguyen 3, a Victorian case in which the practitioner claimed that his offences of engaging in legal practice without a current practising certificate originated in a simple administrative oversight in failing to renew on time. Section 464 of the Act deals with the meaning of compensation order. Blood. Court, including judges The court was the Supreme Court of Queensland, Court of Appeal before Muir JA and Margaret Wilson AJA and Applegarth J Separate reasons for judgment of each member of the Court. 94-101.) The commissioner's explanation is puzzling. archive.sclqld.org.au is using a security service for protection against online attacks. The Legal Services Commissioner advances a number of reasons for these submissions: The conduct of Mr Nguyen involves taking advantage of a vulnerable individual in the context where she was present to assist with the representation of the client. and has served as a Commissioner on the Immigration and Nationality Law Advisory Commission of the State Bar of California, Board of Legal Specialization. this website please. Joint Committee on Judiciary. View Legal Services Commissioner v Michael Vincent Baker [2005] LPT 002_[42] only.pdf from PLT 101 at The College of Law . legal services commissioner v kurschinsky [2020] qcat 182. The rehabilitation was carried out under the close supervision of both the Bar Association of Queensland and the Queensland Law Society. JX. Failure to maintain trust account 2. The decision struck down many U.S. federal and state abortion laws. Law Offices of Kim T. Nguyen - Orange County Employment Lawyer. Please select (using the checkboxes) which search results you would like to add to a list. Legal Services Commissioner v Nguyen [2016] QCAT 1, Legal Services Commissioner (Applicant/Appellant), PROFESSIONS AND TRADES LAWYERS COMPLAINTS AND DISCIPLINE PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT REMEDIES COMPENSATION ORDER where barrister in breach of rule 83 of the Barristers Rule 2007 where barrister found guilty of unsatisfactory professional conduct for breach of rule 83 whether loss subject of the compensation order was sufficiently connected to the disciplinary charges made out against the barrister, Legal Profession Act 2007 (Qld) ss 418, 464, 465, 466, Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32, Legal Services Commissioner v Nguyen [2015] QCAT 267. 5859-20, see flags on bad law, and search Casetexts comprehensive legal database. ambulance tailgate conversion 0. . One assault occurred in the precincts of the Court. Legal Services Commissioner v Nguyen. As of 2019, clinical research on CBD included studies related to anxiety, cognition, movement disorders, and pain, but there is insufficient high-quality evidence that However, according to the case of legal services commissioner v winnings this would be acting in the interest of your clients. He pleaded guilty to the offences and on appeal his sentence was reduced to a fine with no conviction recorded. Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman's liberty to choose to have an abortion without excessive government restriction. [15] The concerns around these deficiencies have lead the Legal Services Commissioner to submit that, in addition to a public reprimand and fine, certain conditions should also be placed upon Mr Nguyen. As Thomas J put it, the conduct must violate or fall short to a substantial degree. Legal Services Commissioner v Madden (No 2) [2009] 1 Qd R 149. Prairie State Legal Services, Inc., a nonprofit law firm that provides free civil legal services to senior citizens and low-income persons in northern and central Illinois, has named Denise E. Conklin, managing attorney of its Peoria/Galesburg office, as its new executive director. the State of Queensland and the Supreme Court of Queensland Library Committee, with the support of Legal Services Commissioner v CBD [2012] QCA 69 1. The disciplinary decisions are not "made" by the professional bodies, but by the tribunal. 3 Ibid s 464(d)(i). Professional conduct rules which impose a duty of confidence have been enacted in many jurisdictions. Applicants submissions filed 16 July 2013, page 9 paragraph 33. Transcript of proceedings of 11 March 2015, page 27 lines 25-32; Report by Dr McCullough dated 27 December 2010, page 11. The Commissioner has an obligation under s 450, to deal with complaints as efficiently and as expeditiously as is practicable. 4. Mr Nguyens treating psychologist, Dr McCullough, believes that Mr Nguyen has gained insight and there are no ongoing deficiencies in his perceptual relationships with women. McDonald v Legal Services Commissioner (No 2) [2017] VSC 89 53 Nguyen v Director of Public Prosecutions (Vic) [2019] VSCA 20 18 Nigro v Secretary, Department of Justice [2013] VSCA 213, (2013) 304 ALR 535 132 Nolan v MBF Investments Pty Ltd [2009] VSC 244 197 Noone v Operation Smile (Aust) Inc [2012] VSCA 91 150 Law Society of New South Wales v Georgas (2008) NSWADT 82, cited Legal Services Commissioner v Clapin [2011] QCAT 339, cited Legal Services Commissioner v Kiatos [2013] VCAT 1152, cited Legal Services Commission v Nguyen [2005] LPT 7, cited Legal Services Commissioner v Walters [2007] LPT 6, cited Re: Trevor John Brown (Unreported, Qld Sup Jun 02 2022: SB 1291 (2021-2022 Regular Session) Hydrogen-fueling stations: administrative approval. The state of the disciplinary register seems to be a symptom of the dysfunctionality of the Office of the Legal Services Commissioner. Unsatisfactory professional conduct includes conduct of an Australian Legal Practitioner happening in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner. Whether a practitioners conduct amounts to unsatisfactory professional conduct or professional misconduct is a matter of degree which must be determined based upon the facts of the individual case. Whilst in the Court precinct, Mr Nguyen sexually harassed Ms Ly. We would like to show you a description here but the site wont allow us. Date: 10 November 2011: Bench: Judge Lacava, Vice President: Catchwords: Disciplinary charges against legal practitioner - misconduct and unsatisfactory conduct - failure to comply with conditions of practising certificate - receiving trust money when unauthorised - practising other than as an employee. Real solutions. LEGAL PRACTICE TRIBUNAL BS In legal services commissioner v madden no 2 2008 qca. Mr Nguyen failed to comply with the requirements of Rule 83(a) and failed to obtain a written acknowledgment signed by Ms Aleksic that she had been informed of the matter set out in rule 83(a). Transcript of proceeding of 11 March 2015, page 23 line 45 to page 24 line 7. MNC: [2015] QCAT 211. Vengeance. In order to constitute professional misconduct, the test for both limbs includes the requirement of substantiality. Attorney General v Wentworth (1998) 14 NSWLR 481. Transcript of proceedings of 11 March 2015, page 27 lines 36-41. The state of the disciplinary register seems to be a symptom of the dysfunctionality of the Office of the Legal Services Commissioner. Back country camping, also known as primitive camping, a self-dependent experience in which campers carry in and out their supplies and tents in order to reach more remote or secluded forest areas and where a leave-no-trace philosophy is expected. A fine at that level does not, however, have the character of a penalty. instructed by the Legal Services Commission, Byrne QC, M. J. instructed by Robertson O'Gorman Solicitors, As to the observations made by Reid DCJ in the criminal appeal in the District Court, any characterisation as to seriousness in the criminal context is not an appropriate characterisation to carry across into the disciplinary context. this website please. Ultimately, he continued to practise for around six months without a current certificate CRAIG KELLISON, Magistrate Judge . It is ordered that the Mr Nguyen pay the Legal Services Commissioner costs assessed on the Supreme Court scale. The conduct of Mr Nguyen violates and falls short of, to a substantial degree, the standard expected of legal practitioners. 232 Tustin, CA 92780 - 2000. compensation for financial hardship due to Mr Nguyen allegedly sabotaging Ms Aleksics discrimination and WorkCover case resulting in a lost case and loss of compensation of $20,000. The conduct does not seem to have been premeditated, but rather was spur of the moment. When the then Legal Services Commissioner was supplied with all relevant material, he determined that the conduct did not amount to professional misconduct and did not, at that stage, institute disciplinary proceedings against Mr Nguyen. Legal Services Commissioner v Anderson [2009] LPT 001 (08/4879) Wilson J 28 January 2009; Legal Services Commissioner v Cousins [2009] LPT 002 (07/9992) Wilson J 5 February 2009; Legal Services Commissioner v Atkins [2009] LPT 003 (06/11305) Byrne SJA 6 February 2009; Legal Services Commissioner v Farnham [2009] LPT 004 (08/6546) Mullins J 18 February 2009 . 07 3564 7726. Ibid, Page 9 paragraph 31(f), paragraph 34. The relationship of barrister and instructing solicitor should be one which would carry with it, inherently, mutual respect and trust. archive.sclqld.org.au is using a security service for protection against online attacks. As to the compensation order which deals with payment of pecuniary loss (as contemplated by s 464(d)), the order cannot be made unless the Tribunal is satisfied: Further, in relation to the compensation order relating to pecuniary loss of the type mentioned in s 464(d), the compensation order is limited to $7,500 unless the complainant and the law practice both consent to the order. Roe fueled an ongoing abortion debate in the United Information about AI from the News, Publications, and ConferencesAutomatic Classification Tagging and Summarization Customizable Filtering and AnalysisIf you are looking for an answer to the question What is Artificial Intelligence? GoogleCookieCookie, Does Pomegranate Molasses Need To Be Refrigerated, I Did Not Receive My Unemployment Direct Deposit Louisiana, keynesian beauty contest alice in borderland, e learning vs classroom learning informative speech. Conduct for which there is a conviction for a serious offence is capable of constituting unsatisfactory professional conduct or professional misconduct. The respondent raised the following points: From the earliest time, there has been acceptance by Mr Nguyen of his wrongdoing, both in a criminal sense and also in a professional sense. Court: QCAT. These concerns arose from an earlier identified deficiency in Mr Nguyens perceptual awareness and thus his ability to communicate and respond appropriately to women. Failure to maintain trust account 2. Chamber of Progress is a new tech industry coalition devoted to a progressive society, economy, workforce, and consumer climate. Mr Nguyen failed to obtain a written acknowledgment, signed by the client, that she had been informed of the matters set out in subsection (a) of rule 83. ATLANTA State Rep. Bee Nguyen is advancing to a runoff in the Democratic primary for Georgia secretary of state. archive.sclqld.org.au is using a security service for protection against online attacks. Your law libraryALLA Legal Information Service of the Year 2020 The Supreme Court Library Queensland acknowledges the traditional owners and custodians of country throughout Queensland. From July 2004 - November 2009 2009. (Brisbane) 1300 655 754. In the first report, dated 27 December 2010, Dr McCullough expressed the opinion that Mr Nguyen demonstrated no indicators of psychiatric disturbance. Jul 7, 2021. It is well established that the purpose of imposing any sanction is to protect the public and not to punish the practitioner. legal services commissioner v nguyen. The GDPR is an important component of EU privacy law and of human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the European Union.It also addresses the transfer of 1. The Conservative Circus is an irreverant look at the important issues of the day hosted by your ringmaster, James T. Harris. is so much of a complaint about a lawyer or a law practice as would, if the conduct The conduct arose from a mistaken belief on Mr Nguyens part that his flirtatious behaviours were not unwelcome. The Respondent is to pay the Applicants costs assessed on the Supreme Court scale. Take for example the case of Legal Services Commissioner v Nguyen 3, a Victorian case in which the practitioner claimed that his offences of engaging in legal practice without a current practising certificate originated in a simple administrative oversight in failing to renew on time. Petsinis v Victorian Legal Services Board [2016] VSC 389. [2] Applicants submissions filed 16 July 2013, Page 8 paragraph 31. Council of the Law Society of NSW v Hunter [2021] NSWCATOD 22 Carr v Council of the Law Society of New South Wales [2020] NSWCA 276 The reliance which can be placed on a solicitors undertaking is of fundamental importance to the proper functioning of the legal system and the obligation of any solicitor to perform his or her undertaking is a most serious Commissioner of Internal Revenue, No. Legal Services Commissioner v Sam Huu-Hai Nguyen, Your JavaScript is currently disabled. The learned Magistrate imposed a term of imprisonment for three months, wholly suspended, with an operational period of one year and a conviction was recorded. A fine should be imposed because of this deterrent factor. Mr Nguyen has undergone a rehabilitation over a period in excess of five years. We invite you to contact us online or call 703-534-0805 today to Back country camping, also known as primitive camping, a self-dependent experience in which campers carry in and out their supplies and tents in order to reach more remote or secluded forest areas and where a leave-no-trace philosophy is expected. disciplinary matter. espaol etina dansk Deutsch eesti English The Legal Practice Committee has found a practitioner guilty of unsatisfactory professional conduct in Legal Services Commissioner v Rosen LPC 01/2020. for The respondent submitted that factors such as the level of seriousness of the conduct, the context in which the conduct was committed and an assessment of the respondent at the date of the hearing are all relevant. In Legal Services Commissioner v Jesse Adam Bond60Mr Bond pleaded guilty before the District Court of Queensland to one (1) charge under s 24 of the LPA, one (1) charge under s 25 of the LPA and two (2) state fraud offences. 1227 (a) (2) (A) (ii) and (iii) (1994 ed., Supp. All State & Fed. Jul 8, 2021. Determination Powers of the Commissioner 12 4. In those circumstances, there is no need, for the purpose of public protection, to impose any conditions on Mr Nguyens practising certificate or to make orders against Mr Nguyen in terms of the conditions which were suggested by the applicant. You will be redirected once the validation is complete. Temecula, CA Immigration Attorney with 39 years of experience. Section 420 gives no guidance as to whether such conduct is unsatisfactory professional conduct or professional misconduct, nor does the section define any criteria by reference to which the conduct might be considered. I. unsatisfactory professional conduct of an Australian legal practitioner, if the conduct involves a substantial or consistent failure; and, conduct which would justify a finding that the practitioner is not a fit and proper person to engage in legal practice. We pay respect to elders past, present and emerging and commit to the spirit of meaningful reconciliation between Indigenous and non-Indigenous Australians. The charge brought by the Legal Services Commissioner against Mr Nguyen was as follows: Consistent with the charge which had been brought by the Legal Services Commissioner, the Tribunal found that: As explained above, it is necessary to identify whether costs and loss which formed the basis of the claim for a compensation order happened because of the conduct which was found to be unsatisfactory professional conduct. Opinion Case details. The show is topical, fast paced, fun and unabashedly conservative. TRADE/2022/OP/0003 My Trade Assistant for Services and Investment: Procurement of Information and Data Regarding the Export of Services and Investment to Third Country Markets. 2009. Brisbane Adelaide Street. The offending brings into question Mr Nguyens ability to maintain proper relationships with other participants in the legal profession. [1] [2] It could not be described as consistent. No conviction was recorded. Gullquist v Victorian Legal Services Commissioner [2018] VSCA 259 . The respondent submits that a fine in that range is sufficient when having regard to the purposes of the protective jurisdiction, which is not to punish but to send a message to the rest of the profession that the conduct is not permitted. Legal Forms & Services. It was not Mr Nguyens intention to exert his power over Ms Ly. archive.sclqld.org.au is using a security service for protection against online attacks. CRAIG KELLISON, Magistrate Judge . [2] Legal Profession Act 2007 (Qld) s 464(a). This judgment may have been the subject of an appeal. Report by Dr McCullough dated 27 December 2010, page 7. The Legal Practice Committee has found a practitioner guilty of unsatisfactory professional conduct in Legal Services Commissioner v Rosen LPC 01/2020. In the determining whether the necessary level of substantiality is reached, regard must be had to the nature of the conduct and the surrounding circumstances. The claimant was not under a disability, as defined in the Social Security Act, at any time from February 15, 2011, the alleged onset date, through March 31, 2015, the date last insured (20 C.F.R. legal services commissioner v nguyen. As at the date of the hearing, the Legal Services Commissioner asserted that the conduct should be categorised as professional misconduct, that Mr Nguyens practising certificate should be subject to conditions for 2 years, and that a fine between $30,000.00 and $40,000.00 should be imposed. 13 Legal Services Commissioner v La Spina [2012] QCAT 183, [18]. According to the expert evidence, the conduct was an aberration which flowed partly from the background (culturally and experientially) of Mr Nguyen. However, according to the case of legal services commissioner v winnings this would be acting in the interest of your clients. Jun 02 2022: SB 1291 (2021-2022 Regular Session) Hydrogen-fueling stations: administrative approval. As the official publisher of unreported judgments in Queensland, we are committed to making CaseLaw a world-class service. 0. tennessee live cameras natural hair salon hyde park, chicago. The conduct was a one-off aberration and, given its characterisation at the lowest level of seriousness, could not fit within the other limb to establish that Mr Nguyen was not a fit and proper person to practice (as contemplated by s 419(1)(b)). the State of Queensland and the Supreme Court of Queensland Library Committee, with the support of Petsinis v Victorian Legal Services Board [2016] VSC 389. . 1 Legal Services Commissioner v Nguyen [2015] QCAT 267. Three years later, the United States Immigration and Naturalization Service (INS) initiated deportation proceedings against Nguyen as an alien who had been convicted of two crimes involving moral turpitude, as well as an aggravated felony. Mr Nguyens conduct was such that it should lead to the conclusion that he should not be held out as being an appropriate person to practice as a member of the legal profession. Complaints process. Please enable cookies on your browser and try again. 1. Adopting, as I do, the test for the second limb as was formulated by Thomas J. In addition, Mr Nguyen was remorseful, embarrassed and ashamed for his behaviour and for the shame that it had caused his family. The Respondent be publically reprimanded. This is an indication of the gravity or seriousness of the conduct. See 8 U.S.C. In all the circumstances, the conduct of Mr Nguyen, whilst reprehensible and unacceptable, does not meet a sufficient level of substantiality or consistency to constitute professional misconduct. [2013] VSC 443. LSC v Nguyen [2014] VCAT 744. Legal Profession Act 2007 (Qld), s 217, s 220, s 418, s 419, s 420(1)(a), s 456, s 462. Date: 23 August 2013. Commissioner of Internal Revenue, No. On 12 May 2010, Mr Nguyen, a barrister, was briefed by TDT Lawyers to appear in the District Court in Brisbane. Thanks for reaching out! Incorporated Legal Practices and the provision of legal services 13 Compliance Mechanisms for ILPs 13 The ommissioners approach to compliance audits 14 Refining our approach to audits of ILPs 14 5. Mr Nguyens action seriously calls into question his judgment. edmond sumner aau basketball; mission first minimalist holster glock 43; onychomycosis word breakdown Legal Services Commissioner; The Team; Services; Finances & Strategic Performance Plan; LSC v Nguyen [2015] QCAT 267. Cannabidiol (CBD) is a phytocannabinoid discovered in 1940. Have a Safe & Happy Memorial Day weekend! Reimbursement of legal costs for both the discrimination and WorkCover case were paid in cash: there is no assertion by Ms Aleksic that these costs happened because of, or in fact had any connection with, the conduct, namely the breach of rule 83. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. The General Data Protection Regulation (EU) (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). Nguyen v. Commissioner of Internal Revenue Nguyen v. Commissioner of Internal Revenue. The conduct found to be unsatisfactory professional conduct was failing to comply with the. The question is whether Mr Nguyens conduct was such as to amount to professional misconduct under s 419 the Legal Profession Act. That has not changed. INVESTIGATIONS AND DISCIPLINE. 94-101.) On 15 December 2010 Mr Nguyen pleaded guilty in the Magistrates Court to two counts of sexual assault. The client was entitled to expect that the representative attending Court on behalf of his solicitor could concentrate on the work at hand, rather than being the subject of assault by the barrister briefed in the matter. iu ha. Select your language. Shortened Case Name: Legal Services Commissioner v Nguyen. Dr McCullough again expressed the view that Mr Nguyens unlawful behaviour towards Ms Ly was an aberration and that he then possessed the attitudes and social skills to interact appropriately with women. On 12 May 2010, Mr Nguyen, a barrister, was briefed by TDT Lawyers to appear in the District Court in Brisbane. [26] Transcript of hearing of 11 March 2015, page 23 lines 40-41. [16] Ibid, page 26 lines 38-40; Report by Dr Sue McCullough dated 27 December 2010, page4. Home / Uncategorized / legal services commissioner v kurschinsky [2020] qcat 182. jonathan harker dracula 2020. espaol etina dansk Deutsch eesti English Opinion Case details. Home; Women; Men; Kids Legal Services Commissioner v Nguyen [2015] QCAT 211, PROFESSIONS AND TRADES LAWYERS COMPLAINTS AND DISCIPLINE PROFESSIONAL MISCONDUCT AND UNSATISFACTORY PROFESSIONAL CONDUCT CRIMINAL OFFENCES where legal practitioner found guilty of criminal offence where criminal offence is a serious offence within meaning of schedule 2 of the Legal Profession Act 2007 where conduct is agreed to amount to unsatisfactory professional conduct whether conduct is professional misconduct, Legal Profession Act 2007 (Qld) ss 418, 419, 420(1)(c)(i), 462(5); Schedule 2, Adamson v Queensland Law Society Incorporated [1990] 1 Qd R 498, New South Wales Bar Association v Murphy (2002) 55 NSWLR 23, Mellifont QC, K.A. Jun 8, 2022. By the second report of Dr McCullough dated 10 June 2011, Mr Nguyen had demonstrated further insight into his own personality and professional role. Judge(s): Thomas P. Date: 09 Jun 2015 These are exceptionally-qualified doctors of medicine removed from the Health Treatment Professional Unit and whose compensation is established by the Commissioner of Minnesota Management & Budget. In those circumstances, it is ordered that a fine in the sum of $20,000.00 be imposed upon Mr Nguyen to be paid in full in equal monthly instalments within 12 months from the date of this order. Petsinis v Victorian Legal Services Board [2016] VSC 389. There were two assaults, spaced in time, although on the one day. (951) 695-7111 41955 4th St. 320. Plaintiff Dung T. Nguyen ("Plaintiff") filed the instant action on June 29, 2009, appealing a decision by Defendant Commissioner of Social Security ("Defendant"), denying him disability benefits and supplemental security income., On July 9, 2009, the Court granted Plaintiff's application to proceed in forma pauperis. Nguyen v The Queen [2020] HCA 23 (30 June 2020) International Journal for Crime, Justice and Social Democracy 2012- Victorian Legal Services Commissioner 2016-Re: Kelvin [2017] FamCAFC 258; (30 November 2017) UniSA Student Law Review 2015-University of New South Wales Law Journal Student Series 2013- Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman's liberty to choose to have an abortion without excessive government restriction. Legal Services Commissioner; The Team; Services; Finances & Strategic Performance Plan; What the Legal Services Commission can't do; For the Profession Open/Close Sub Navigation. Again, because of the entirely unacceptable nature of the conduct, it is also ordered that Mr Nguyen be publically reprimanded. Nicholas Phillips '15 (3/24/22) Plaintiff, who is proceeding pro se, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. 15155-18, see flags on bad law, and search Casetexts comprehensive legal database. Select your language. More Disciplinary Decisions. What the Legal Services Commission can't do; Complaints about the Commission; Before Making a Complaint ; Discipline Open/Close Sub Navigation. [7] Ibid, Page 9 paragraph 31(f), paragraph 34. Whether a practitioner is fit for practice and consequently should remain on the local roll of practitioners must be assessed as at the date of the hearing, not as at the date of the conduct. Bench: Justice DG Thomas, President, Assisted by:, Douglas Murphy QC (Legal Panel Member), Susan Jean Dann (Lay Panel Member) Catchwords: Copyright 1999 2023 GoDaddy Operating Company, LLC. Re-Referred To Com. The conduct was, at the least, unprofessional conduct as that term is used in s 418 the Legal Profession Act. IV). This process is automatic. Transcript of proceedings of 11 March 2015, page 8 line 7. This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). The level of fine imposed by Reid DCJ was $1,000.00 and this figure was referred to during submissions. The fact that the conduct resulted in a conviction for a serious offence does not mean the conduct is professional misconduct. As is reflected in the written submissions by the Legal Services Commissioner, up until the time of the most recent report by Dr. McCullough, the Legal Services Commissioner was intending to submit that Mr Nguyen was not a fit and proper person to remain on the local roll. State Laws. On 12 May 2010 Mr Nguyen was briefed by TDT Lawyers to appear in the District Court in Brisbane. Sign Up Get a Demo Get a Demo. As the Commissioner performs an independent investigative function and determines whether to commence and continue proceedings, the Commissioner and the staff of the Commission do not advocate for or provide legal advice to the complainant or the respondent legal practitioner.

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