A lay person who gave legal advice to tyre magnate Bob Jane has been found guilty of unqualified legal practice.
Mr Malcolm McClure was charged by the Legal Services Board with one count of unqualified legal practice after giving Mr Jane legal advice between October to December in 2011, and for drafting court documents and legal correspondence for a Federal Court matter.
As a consumer protection measure, the Legal Profession Act 2004 prohibits any person who is not a qualified lawyer from engaging in legal practice or from representing that they are entitled to practise law. Mr McClure did not have any legal qualifications.
In June 2014 the Melbourne Magistrates’ Court found Mr McClure guilty of the charge. He was convicted and fined $10,000.
Mr McClure appealed the decision to the County Court, and also attempted two separate appeals to the Supreme Court. Both of the Supreme Court appeals were summarily dismissed in August 2014, and Mr McClure was ordered to pay the Board’s costs.
In December 2014, the County Court heard Mr McClure’s appeal against the original Magistrates’ Court conviction and sentence. After an eight day hearing the Court found Mr McClure guilty. He was convicted and sentenced to a two-year community corrections order with the condition that he complete 300 hours of unpaid community work. Mr McClure was also ordered to pay over $39,000 in costs for both the County Court appeal and the original Magistrates’ Court hearing.