Services may be impacted at present as the Commission upgrades its Case Management System.
25 September 2026Court of Appeal dismisses unlawful operator’s appeal
The Queensland Court of Appeal (QCA) has dismissed an application for leave to appeal brought by Mr Robert John Kerr, upholding his convictions for engaging in legal practice without being an Australian legal practitioner and for representing that he was entitled to engage in legal practice.
Mr Kerr was convicted in the Magistrates Court in November 2024 and fined $4,000, with convictions recorded. An appeal to the District Court was subsequently dismissed, with the Court upholding both the convictions and sentence.
The offences arose from Mr Kerr’s conduct between November 2022 and July 2023, when he provided legal advice and assistance to an elderly woman despite not holding a practising certificate. His conduct included preparing legal documents, providing written legal opinions, assisting with litigation and corresponding with solicitors while identifying himself as a lawyer.
Mr Kerr then sought leave to appeal to the QCA. In a decision delivered on 25 September 2026, the QCA refused leave to appeal and ordered Mr Kerr to pay the Legal Services Commissioner's costs.
In dismissing the application, the QCA confirmed that engaging in legal practice does not require the person to have multiple clients or receive payment. It held that Mr Kerr’s activities were of a kind ordinarily undertaken by legal practitioners and therefore constituted legal practice within the meaning of the Legal Profession Act 2007 (Qld).
The QCA also upheld the sentence imposed by the Magistrates Court, including a $4,000 fine and the recording of convictions. While recognising mitigating factors, including that Mr Kerr did not receive payment and intended to assist the elderly woman, the QCA found the offending was serious and directly relevant to the administration of justice. General deterrence, community protection and denunciation were significant sentencing considerations.
Legal Services Commissioner Megan Mahon said the decision reinforces the importance of protecting members of the public by ensuring legal services are provided only by appropriately licensed practitioners.
"The Court of Appeal's decision provides important confirmation about the types of activities that may amount to engaging in legal practice and reinforces the purpose of the regulatory framework established under the Act."
"The legislative scheme exists to protect consumers and maintain confidence in the legal profession and in turn the administration of justice. Members of the public are entitled to know that those providing legal services are appropriately qualified, authorised and subject to professional regulation."
ENDS
