Fake lawyer behind controversial firm has case struck out
Proceedings brought by a fake lawyer and ousted solicitor against the Victorian Legal Services Board have been largely struck out.
Justice Peter Gorton struck out the majority of an originating motion and summons filed by fake lawyer Shivesh Kuksal, his colleague Lulu Xu, and ousted solicitor Peter Ansell for action against the Victorian Legal Services Board (VLSB) over appointments it made to their seized law firm.
In deciding to strike out the motion and summons in the most recent judgment – save for one paragraph and an application for an extension of time – Justice Gorton said it would have brought the administration of justice into disrepute to allow the proceedings to go ahead.
“The way the originating motion and summons have been formulated indicates that the plaintiffs are … seeking some form of judicial inquiry into all or nearly all aspects of their dealings with the board and those whom the board appointed, rather than seeking to have determined an identified legal controversy,” Justice Gorton said.
“Courts exist to resolve legal disputes and to ensure that statutory authorities do not exceed their jurisdiction, but do not operate as boards of inquiry designed to provide a forum where persons may ventilate all their concerns about the conduct of others.”
Kuksal, Xu, and Ansell sought declarations that included a finding that VLSB made a jurisdictional error when it appointed an auditor, external manager, and external investigator to People Shop.
They also claimed the board brought the profession into disrepute by allowing a television network to film as employees of the board entered People Shop to obtain client records and other assets.
One of its last declarations was for the Supreme Court to find that by not renewing Ansell’s practising certificate, VLSB allegedly “ostensibly coerced him into breaching client privilege and his fiduciary obligations to Kuksal and People Shop”, which were also “instances of malicious abuse of statutory authority and may be categorised as threats of lawful acts”.
VLSB claimed the allegations of a conspiracy have been made in other proceedings, but Justice Gorton did not accept this submission and could not see why this would be a reason to dismiss the proceedings.
He did place a permanent stay on the proceedings so far as they concern People Shop because a solicitor has not been appointed to act for it. The stay will be lifted in the event People Shop engages a solicitor.
“Probably, looking at the matter with hindsight, neither the originating motion nor the summons should have been accepted for filing, but they were. A proceeding commenced by a company other than by a solicitor is not a nullity but is liable to be stayed,” Justice Gorton said.
The case is Kuksal v Victorian Legal Services Board [2024] VSC 732 (27 November 2024).
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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