legal services commissioner v nguyen

Section 464 of the Act deals with the meaning of compensation order. Commissioner of Internal Revenue, No. 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- Visit One News Page for University Illegal news and videos from around the world, aggregated from leading sources including newswires, newspapers and broadcast media. The offences occurred in a situation of significant power imbalance, both as to age and as to position (Mr Nguyen was a 39 year old barrister of six years standing, and Ms Ly was a 19 year old instructing legal secretary). 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. 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. As at the date of the hearing, Mr Nguyen sought an order of a finding of professional misconduct, submitted that no conditions should be imposed on his practising certificate, and suggested that a fine in the order of $5,000.00 to $10,000.00 should be imposed. this website please. Vengeance. [18] Transcript of proceedings of 11 March 2015, page 27 lines 36-41. Search Lawyer Directory. 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. Pages 52 This preview shows page 20 - The show is topical, fast paced, fun and unabashedly conservative. Failure to lodge money in trust account 3. JX. Home; Services. On 12 May 2010 Ms Ly accompanied Mr Nguyen to Court to instruct him in sentencing proceedings. The Queensland Judgments website is a joint initiative of the Incorporated Council of Law Reporting There were two assaults, spaced in time, although on the one day. 1 Legal Services Commissioner v Nguyen [2015] QCAT 267. Facts: 8 charges of professional misconduct 1. reimbursement of legal costs for both Ms Aleksics discrimination and her WorkCover case, paid to Mr Nguyen; reimbursement of further legal costs incurred by Ms Aleksic in an attempt to rectify Mr Nguyens negligence (paid to McLaughlins Lawyers) the sum of which was in excess of $21,000. [18] In this case, Mr Nguyen was cooperative with the Legal Services Commissioner, acknowledging the facts from the outset and ultimately agreeing to a statement of agreed facts. 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. Please enable JavaScript on your browser and try again. Seaside Legal Services . On 12 May 2010 Mr Nguyen engaged in criminal conduct for which he was convicted of two serious offences. Brief statement of material facts The statement of In Legal Services Commissioner v Madden No 2 2008 QCA 301 the Court of Appeal. 2009. Mr Nguyens conviction, and the nature of the offence, was sufficient to undermine public confidence in the legal profession if the respondent was held out to be a fit and proper person. They include r 9.1 of the Legal Profession Uniform Law Australian Solicitors Conduct Rules 2015 and r 114 of the Legal Profession Uniform Conduct (Barristers) Rules 2015.. Transcript of proceedings of 11 March 2015, page 27 lines 36-41. The courts hold the legal and financial interests of clients in such high importance, that breaching these interests is often cause for disciplinary action. Related Entries in the American Legal Dictionary: Lbc Meaning of Lbc This is a brief definition of lbc; a term used, in general, in the field of procedural law within the United States: Legislative Budget Committee. The conduct arose from a mistaken belief on Mr Nguyens part that his flirtatious behaviours were not unwelcome. The service requires full cookie support in order to view this website. [16] The conduct of Mr Nguyen violates and falls short of, to a substantial degree, the standard expected of legal practitioners. legal services commissioner v kurschinsky [2020] qcat 182. Guided Legal Forms & Services: Sign In. 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. Feb 17 2022: From Committee With Author's Amendments. All State & Fed. 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 Perakis v Secretary to the Department of transport, Planning and Local Infrastructure [2017] VSCA 265.. Leemark Fire Protection Pty Ltd v Malios [2014] VSC 654.. Amaca Pty Ltd v King (2011) 35 VR 280; [2011] VSCA 447.. Stirling v Legal Services Commissioner [2013] VSCA 374. 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 charge brought by the Legal Services Commissioner against Mr Nguyen was as follows: Breach of rule 83 of the Barristers Rule between 10 October 2010 and 20 March 2011 Mr Nguyen, in acting directly for Dusanka Aleksic, breached rule 83 of the Barristers Rule 2007. Sense ells no existirem. [16] The conduct of Mr Nguyen violates and falls short of, to a substantial degree, the standard expected of legal practitioners. On 12 May 2010 Mr Nguyen was briefed by TDT Lawyers to appear in the District Court in Brisbane. Students should ensure that they reference the materials obtained from our website appropriately. Opinion Case details. Based on the expert evidence, the conduct did not involve misuse of power nor Mr Nguyen exerting undue influence over Ms Ly. 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. In that case, the respondent was publicly reprimanded and ordered to pay a penalty of $4,000. 94-101.) Legal Services Commissioner v Nguyen - [2015] QCAT 211 - BarNet Jade. 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. Home / Uncategorized / legal services commissioner v kurschinsky [2020] qcat 182. jonathan harker dracula 2020. Queenslands courts and tribunals, and the technical assistance of Optimised and CaseIQ. 0. tennessee live cameras natural hair salon hyde park, chicago. (National Relay Service) dishonourable, and a serious breach going to the integrity of the legal system: Legal Services Commission v Tung Nguyen [2005] LTP 007. LEGAL PRACTICE TRIBUNAL BS In legal services commissioner v madden no 2 2008 qca. Transcript of proceedings of 11 March 2015, page 27 lines 25-32; Report by Dr McCullough dated 27 December 2010, page 11. 5. The fact that the conduct resulted in a conviction for a serious offence does not mean the conduct is professional misconduct. Adopting, as I do, the test for the second limb as was formulated by Thomas J. More Disciplinary Decisions. the State of Queensland and the Supreme Court of Queensland Library Committee, with the support of There is no submission that the financial hardship referred to arose because of the conduct, namely the breach by Mr Nguyen of Rule 83. 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. VCAT referred Mr Tan to the Court with the recommendation that his name be struck off the roll of persons admitted to the legal profession kept by the Court. I. These factors support a conclusion that the conduct was not sufficiently substantial. Giannarelli v Wraith (1988) 165 CLR 543. You will be redirected once the validation is complete. Reimbursement of further legal costs incurred in an attempt to rectify Mr Nguyens negligence: Ms Aleksic submits that the case was forwarded to another solicitor because of Mr Nguyens lack of attention and because he . See 8 U.S.C. archive.sclqld.org.au is using a security service for protection against online attacks. We back public policies that will build a fairer, more inclusive country in which all people benefit from technological leaps. The Court, in Giannarelli v Wraith (1988) 165 CLR 543. crimes that start with v. lake district planning ks2; lainey wilson setlist 2021; uranus opposite pluto transit; what makes me unique funny answers; which political party is growing fastest 2021; biscayne national park snorkeling tours. Samsung Electronics Co. Limited v Apple Inc. [2011] FCAFC 156. Menu Home; Rankings. All rights reserved. identify the relevant conduct of the practitioner; and. INVESTIGATIONS AND DISCIPLINE. While they were in the court precinct, Mr Nguyen sexually harassed Ms Ly. LSC v Nguyen [2014] VCAT 744. 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? The disciplinary decisions are not "made" by the professional bodies, but by the tribunal. Failure to maintain trust account 2. 07 3564 7726. 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. Market-leading rankings and editorial commentary - see the top law firms & lawyers for Dispute resolution: litigation in Australia 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 We are continually improving CaseLaw with staged upgrades and enhancements. Appellate and Judicial Review. The conduct does not seem to have been premeditated, but rather was spur of the moment. 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. 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. [8] New South Wales Bar Association v Murphy (2002) 55 NSWLR 23 at 52 (per Giles JA). Legal Services Commissioner v McKern (2008) - lawyer obtained 21 separate loans from clients when she was not in the financial position to do so, owed $1m to 11 clients Wilfully and reckless failed to secure loans, did not notify clients Breach of trust, failed to get consent of beneficiaries or guardians She also finished a distant third in an unsuccessful 2016 run for the 27th Assembly District seat against the eventual winner, Ash Kalra, and former District 7 City Councilwoman Madison Nguyen. multiple tips regarding Ryan Kelleys presence at the U.S. Capitol on January 6, 2021. The Court, in Jun 02 2022: SB 1215 (2021-2022 Regular Session) Responsible Battery Recycling Act of 2022. Opinion Case details. . Someone from our team will get A compensation order includes an order that a law practice must repay the whole or a stated part of the amount that the law practice charged a complainant for stated legal services. 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. 7 Reichman v Legal Services Commissioner; Legal Services Commissioner v Reichman [2017] QDC 158, [12] (Shanahan DCJ) (Reichman). In the circumstances, the application for the compensation order is refused. , which required certain disclosures to be made to the client and for the client to acknowledge that those disclosures had been made. No conviction was recorded. Jun 02 2022: SB 1291 (2021-2022 Regular Session) Hydrogen-fueling stations: administrative approval. On 12 May 2010 Mr Nguyen sexually harassed Ms Lee Huynh Ly in contravention of rule 127 of the 2007 Barristers Rules. 8 LPA sch 2 (definition of engage in legal practice). Recomanem consultar les pgines web de Xarxa Catal per veure tota la nostra oferta. 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. The respondent submits that a fine at the level of $30,000.00 to $40,000.00 would smack of punishment rather than deterrence, and that such a fine would be out of kilter and out of balance with the level of conduct in this case. S-18249/ v. ) S-18259 ) Z.C., through his next friend, LORENZ ) Legal Services Commissioner v Nguyen [2015] QCAT 211 Mr Nguyen was a barrister who sexually assaulted a legal secretary who was instructing him at Court. H. In exercising joint legal custody, the parties will share in the responsibility and discuss in good faith matters concerning the health education, and welfare of the children. 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). 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. 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. EU and Union of Comoros sign deal on WTO accession. Mr Nguyens action seriously calls into question his judgment. espaol etina dansk Deutsch eesti English Opinion Case details. Bench: Macaulay J. Catchwords: LEGAL PRACTITIONERS order for removal of local lawyer from roll of practitioners recommendation by Victorian Civil and Administrative Tribunal application by Legal Services Commissioner defendant conducted legal practice in breach of or without Jun 8, 2022. Autor de l'entrada Per ; Data de l'entrada martin county clerk of court jobs; whats wrong secretary kim dramawiki . Sign Up Get a Demo Get a Demo. 1 Now, see rule 8.5.4 of the Legal Profession (Solicitors) Rule 2007 United States Tax Court. 20 However, little care is afforded for client's emotional and personal interest in their dealings with the legal. Law Offices of Kim T. Nguyen - Orange County Employment Lawyer. A fine should be imposed because of this deterrent factor. In suggesting the range, the Legal Services Commissioner referred to the fact that the maximum fine is $100,000.00 and a fine in the range of $30,000.00 to $40,000.00 would be a significant deterrent. 0. legal services commissioner v nguyen. This was his first ethical breach resulting in a disciplinary finding. 3. Respondent: Self-represented Sign Up Get a Demo Get a Demo. At relevant times, Ms Ly was employed as a secretary at TDT Lawyers. As Thomas J put it, the conduct must violate or fall short to a substantial degree. A . Report by Dr McCullough dated 27 December 2010, page 7. State Laws. The Legal Practice Committee has found a practitioner guilty of unsatisfactory professional conduct in Legal Services Commissioner v Rosen LPC 01/2020. Prosecutions commenced by the Commissioner 17 Disciplinary applications 17 Mr Idroos (the practitioner) practised as a sole practitioner in the area of migration law until November 2018. 2022-06-30; wreck on 1942 crosby, tx today . There were conditions imposed upon Mr Nguyen initially by the Bar Association of Queensland, which were more rigorous than those suggested by the Legal Services Commissioner and ultimately by the Queensland Law Society. In addition, Mr Nguyen was remorseful, embarrassed and ashamed for his behaviour and for the shame that it had caused his family. Professional conduct rules which impose a duty of confidence have been enacted in many jurisdictions. Bench: Macaulay J. Catchwords: LEGAL PRACTITIONERS order for removal of local lawyer from roll of practitioners recommendation by Victorian Civil and Administrative Tribunal application by Legal Services Commissioner defendant conducted legal practice in breach of or without Legal Services Commissioner v Nguyen [2015] QCAT 267 | Queensland Civil and Administrative Tribunal Caselaw. [12] Transcript of proceeding of 11 March 2015, page 23 line 45 to page 24 line 7. archive.sclqld.org.au is using a security service for protection against online attacks. 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). 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. Legal Services Commissioner v Madden (No 2) [2009] 1 Qd R 149. Blood. conduct of an Australian legal practitioner, whether happening in connection with the practice of law or happening otherwise than in connection with the practice of law that would, if established, justify a finding that the practitioner is not a fit and proper person to engage in legal practice. 31, No.21 -FREEwww.advocatenews.net Free Every Friday Revere Senior Prom 2022 781-286-8500 Friday, May 27, 2022 Arrigo seeks change to School Committee composition Proposes additional ward seats, reduce at-large seats By Adam Swift M ayor Brian Arrigo is proposing a charter change that STYLIN: Revere High School 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. Legal Services Commissioner v CBD [2012] QCA 69 1. And M. & V.A. It is ordered that the Mr Nguyen pay the Legal Services Commissioner costs assessed on the Supreme Court scale. Grunnet sommer turnes vil vre pningstider vre redusert i juni og feriestengt i juli. legal services commissioner v nguyendoes helga die in vinland saga 2022.07.03 . Please enable cookies on your browser and try again. Poc temps desprs van decidir unir els dos webs sota el nom de Xarxa Catal, el conjunt de pgines que oferirien de franc sries doblades i/o subtitulades en catal. 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. Visit Website The conduct was the basis of criminal charges which were brought against Mr Nguyen. archive.sclqld.org.au is using a security service for protection against online attacks. Victory! Date: 23 August 2013: Bench: Macaulay J: Catchwords: LEGAL PRACTITIONERS - order for removal of local lawyer from roll of practitioners - recommendation by Victorian Civil and Administrative Tribunal - application by Legal Services Commissioner - defendant conducted legal practice in breach of or without relevant practising certificate - defendant gave false statements in relation to . Nguyen v. Commissioner of Internal Revenue Nguyen v. Commissioner of Internal Revenue. Please select (using the checkboxes) which search results you would like to add to a list. The Legal Services Commissioner seeks an order for costs pursuant to s 462(5) of the Legal Profession Act. No conviction was recorded against Mr Nguyen. [1] Transcript of proceedings of 11 March 2015, page 8 line 7. . 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. The Joint Committee on Judiciary has cognizance of all matters relating to courts, judicial procedures, criminal law, probate courts, probation, parole, wills, estates, adoption, divorce, bankruptcy, escheat, law libraries, deeds, mortgages, conveyancing, preservation of land records and other public documents, the law of business. Compensation for financial hardship due to Mr Nguyens allegedly sabotaging the discrimination and WorkCover cases resulting in lost case and loss of compensation of $20,000: no submission is made as to how or why Mr Nguyen is alleged to have sabotaged the discrimination and WorkCover cases. Applicants submissions filed 16 July 2013, page 9 paragraph 33. The offending brings into question Mr Nguyens ability to maintain proper relationships with other participants in the legal profession. 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. [7] Ibid, Page 9 paragraph 31(f), paragraph 34. Transcript of proceedings of 11 March 2015, page 8 line 7. On the other hand, the respondent submits that the fine should be in the range of $5,000.00 to $10,000.00. Real solutions. [Victorian Legal Services Commissioner v Lewenberg No 2 (Legal Practice) 2016 VCAT 556 (12 April 2016)] Alex Lewenberg, 74, can't practise law for 15 months and must take a legal ethics course after telling Jewish victim not to help police prosecute paedophile David Cyprys. 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. 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. Legal Forms & Services. Applicants submissions filed 16 July 2013, Page 8 paragraph 31. Mr Bond held himself out as a solicitor employed by a fictitious law firm. Legal Services Commissioner v Atkins [2009] LPT 003 (06/11305) Byrne SJA 6 February 2009. 3. 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 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 While it could possibly compromise the police investigation as a lawyer you would not have acted unlawfully. If no risk is identified in the first stage, then no protection is necessary. The plaintiff, a corrections officer, alleged the Department of Corrections violated Title VII's prohibition on sex discrimination based on gender identity when supervisors tolerated harassment of him and breached his confidentiality by informing prison inmates of his transition. As to each element of the claim for compensation order: In the circumstances, the Tribunal finds that the losses which are the subject of the Notice of Intention to Seek a Compensation Order did not occur because of the conduct which was the subject of the charge, and which was found by the Tribunal to be unsatisfactory professional conduct. This is understandable, as the nature of conduct which leads to indictable offences can vary, and no hard and fast rule would be appropriate. Legal Services Commissioner v Nguyen 29. Mr Nguyen has undergone a rehabilitation over a period in excess of five years. 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)). Section 419 of the Legal Profession Act has two limbs: Therefore, in considering whether the conduct was professional misconduct, the question is did the conduct involve a substantial or consistent failure (the first limb), or did the conduct violate or fall short, to a substantial degree, of the standard of professional conduct observed or approved by members of the profession of good repute and competency (the second limb). Vol. However, the conduct does fall short of the standards which are required of members of the legal profession, and so amounts to unsatisfactory professional conduct. 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. Law Office of Kim T. Nguyen has a law office located in Tustin, CA. 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. Anti-scaling fencing blocks off the stairs to the Supreme Court, Tuesday, May 10, 2022, in Washington.Abortion legislation facing a Senate test vote would enshrine into Victory! In the third report, dated 12 June 2013, Dr McCulloughs opinion was that Mr Nguyen did not pose a threat to women and was highly unlikely to offend in the future. Failure to maintain trust account 2. 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. LSC v Sewell [2017] QCAT 387. Re-Referred To Com. Legal Services Commissioner v Spaulding (Legal Practice) [2015] VCAT 1243. United States Tax Court. 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. Legal Services Commissioner v Anderson [2009] LPT 001 (08/4879) Wilson J 28 January 2009. Citation Legal Services Commissioner v CBD [2012] QCA 69 2. [25] Report by Dr McCullough dated 27 December 2010, page 12. Legal Services Commissioner v Sam Huu-Hai Nguyen. 15155-18, see flags on bad law, and search Casetexts comprehensive legal database. 5859-20, see flags on bad law, and search Casetexts comprehensive legal database. 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. 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