Login
Judge recuses herself as a result of Qld Law Society membership
A solicitor who brought proceedings against the Queensland Law Society over an article she was named in has convinced a judge she needs to recuse herself due to her “honorary membership”.
Naomi Neilson
Justice Frances Williams recused herself from Queensland Civil and Administrative Tribunal (QCAT) proceedings brought by a Brisbane solicitor against the Queensland Law Society over an article published in the state’s legal news site, Proctor.
She also contended the information in the article “could only have been sourced from the written submissions” by the parties “and would not usually be available to a journalist”.
The original article was amended to remove the solicitor’s name.
At the commencement of the hearing, Justice Williams disclosed she was a member of the Queensland Law Society for 25 years and had been involved in “various committees” over that time.
“Upon my appointment [to the bench], I’ve obviously ceased those roles, but it was [in] 2020 or 2021, sometime during the early COVID years, I was granted an honorary membership of the Law Society, given my involvement over a period of time,” Justice Williams said.
“But other than an occasional function, I have not been actively involved in the Queensland Law Society since that time.”
In her written reasons, Justice Williams further disclosed she attended four annual dinners held by the Queensland Law Society. Other judges and heads of jurisdiction were also in attendance.
She also disclosed she was aware of “three disciplinary matters” that had been written about at the time of the Proctor article but said she was not aware of any of the details prior to the hearing.
While counsel for the solicitor originally said they had no issue with this, a recusal application was soon made.
The solicitor said the tribunal must ask “what effect, if any, the publication has upon justice and the fairness of the proceedings”.
Taking into account all of the circumstances, Justice Williams said the fair-minded lay observer might “reasonably apprehend” that he could give additional weight to the views of the Queensland Law Society “outside of the hearing in the articles”.
“In these circumstances, the fair-minded lay observer might reasonably apprehend that I might not be able to put aside the subconscious effect of the articles in reaching a decision in respect of the review application,” Justice Williams said.
“I reach this decision mindful that the conclusion of apprehended bias is not to be reached lightly.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
