Legal Profession (Strengthening Disciplinary Matters) Amendment Bill 2026

Overview

This bill would transfer the job of disciplining Queensland lawyers, and deciding related questions about who can practise law, from QCAT to the Supreme Court of Queensland. It gives effect to all 23 recommendations of a 2025 review of QCAT's legal practitioner jurisdiction. The bill has been introduced to Parliament but is not yet law.

Who it affects

It mainly affects lawyers facing discipline or decisions about their right to practise, members of the public who complain about a lawyer, and people seeking to claim on the fidelity fund after losing money through a lawyer's default.

Key changes

• Discipline applications against lawyers would be heard by a single Supreme Court judge instead of QCAT, helped by a two-member panel (one practitioner and one layperson).
• QCAT 'reviews' of decisions by the Queensland Law Society, Bar Association and Legal Practitioners Admission Board — including on practising certificates, foreign lawyer registration and fidelity fund claims — would become 'appeals' to the Supreme Court, mostly heard afresh.
• The bill clarifies that a lawyer need not be ordered to pay costs for conduct that was not proven to be misconduct, reflecting the Pennisi v LSC [No 2] court decision.
• New rules set out how Supreme Court decisions can be taken to the Court of Appeal, with some appeals allowed only with leave or on a question of law.
• Existing QCAT matters would move to the Supreme Court on commencement unless QCAT has already started hearing them; QCAT keeps only limited functions such as external examiner disqualification reviews, and the Legal Practice Committee is retained with its decisions appealed to the Supreme Court instead of reviewed by QCAT.