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James Loel stays on the roll after QCAT disciplinary decision

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Queensland solicitor James Loel has avoided a strike-off order after it was found that he had engaged in professional misconduct on five occasions, and engaged in unsatisfactory professional conduct eight times.

The rehabilitation he had undertaken since the offending conduct and his acceptance of the conduct were significant factors which weighed in his favour.

The full decision can be accessed here: http://classic.austlii.edu.au/au/cases/qld/QCAT/2020/326.html

Recalling the infamous “Order me a f*&%ing pizza while you’re at it” incident

Posted on Categories Criminal law Tags , , , , , , , , , 3 Comments on Recalling the infamous “Order me a f*&3ing pizza while you’re at it” incident

Background

David Allan Baker had been charged with attempted murder and had sacked his barrister and solicitors on an earlier occasion when his trial came on for hearing.

Baker’s trial was set to commence before Justice Martin Daubney on 4 June 2012, but the day before he again sacked his legal representatives and the matter came on before the court on an application by his second set of legal representatives for leave to withdraw after he had dispensed with their services. Continue reading “Recalling the infamous “Order me a f*&%ing pizza while you’re at it” incident”

Neil Andrew Pentland found not guilty of murder of Philip Carlyle

Posted on Categories Criminal law Tags , , , , , , , , , , , 2 Comments on Neil Andrew Pentland found not guilty of murder of Philip Carlyle

After a lengthy judge-only trial, Pentland was acquitted.

Neil Andrew Pentland
THE FACTS

In 1996, Neil Pentland and his wife Dianne set up a company called ATNET Pty Ltd. Pentland was a director and the secretary of the company. The shares were held by him and his wife. The initial operation of the company involved assisting clients to set up email accounts and with basic internet functions. Mr Carlyle was employed by the company as its marketing manager from late 1996. He was not a shareholder but there was an agreement which would have allowed him to buy 30% of the company’s shares for $30,000 at a later time.

Philip Carlyle was murdered on 13 April 1997. He had been lured, or coerced, into a small, sound-proofed plant room in an office building at Robina. He was then shot in the head and neck with four .32 calibre steel jacket bullets. The weapon used to kill Mr Carlyle has never been found.
Continue reading “Neil Andrew Pentland found not guilty of murder of Philip Carlyle”

Bangalow lawyer loses appeal against successful sexual harassment suit

Posted on Categories Industrial relations, Professional discipline Tags , , , , , , , , , , , , , , , , 2 Comments on Bangalow lawyer loses appeal against successful sexual harassment suit

Former solicitor Owen Hughes, who likened himself to “a sleek kangaroo” and novelist Jane Austen’s noble brooder Mr Darcy in Pride and Prejudice, has lost his appeal against a judgment for sexual harassment he perpetrated against an employee.

Hughes

This blog had previously reported on the Owen Hughes sexual harassment case brought by a former employee of his law practice.

The facts

Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. Soon after,  Hughes offered to represent her in a mediation for her own family law matter, and she agreed.

A couple of months later, Hughes started his course of sexual harassment by sending Hill emails telling her that he thought she was attractive, and he wanted to be in a relationship with her.

Continue reading “Bangalow lawyer loses appeal against successful sexual harassment suit”

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CONTACT US

Sterling Law can be contacted by phone on 07 3667 8213, or by email: office@sterlinglawqld.com

Employee caught stealing alcohol ‘unfairly dismissed’

Posted on Categories Industrial relations Tags , , , , , , , 2 Comments on Employee caught stealing alcohol ‘unfairly dismissed’
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The Fair Work Commission (FWC) is known for sometimes making unfair dismissal decisions which arguably are counter-intuitive and/or contrary to community standards and expectations. The following case, in which a Qantas employee was caught stealing and later lied about the stealing, is an excellent example.

Continue reading “Employee caught stealing alcohol ‘unfairly dismissed’”

Why you shouldn’t talk to the police

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Outside of the legal realm, telling your side of the story at the earliest opportunity may be often a good idea. But in legal matters, things work very differently. In many situations, saying less is better than saying more, and saying nothing at all is better than saying anything.
Continue reading “Why you shouldn’t talk to the police”

When the Solicitor-Barrister relationship turns sour

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barrister

The distinction between solicitors and barristers is a traditional feature of English legal systems, including Australia’s. The main difference between the two today is that barristers specialise in court advocacy and are normally instructed by solicitors, who deal with clients directly, operate trust accounts and also do non-court work such as writing correspondence, conveyancing, preparing legal documents and handling estates.
Continue reading “When the Solicitor-Barrister relationship turns sour”

Appeal bail refused for Kleenmaid director despite Covid-19 risks

Posted on Categories Criminal law, Liberty Tags , , , , , , , , , , , , , , , , 2 Comments on Appeal bail refused for Kleenmaid director despite Covid-19 risks

jail

The facts

Former Kleenmaid director Andrew Eric Young was convicted after a trial of two counts of fraud with circumstances of aggravation and 17 counts of insolvent trading. Prior to trial the Mental Health Court held he was fit for trial and the proceedings should continue according to law, and the trial judge refused to put that issue to the jury.
Continue reading “Appeal bail refused for Kleenmaid director despite Covid-19 risks”

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