Victorian Legal Services Board v Jensen [2018] VSC 740

The first defendant Dennis Jensen was managing director of Common Law Resolutions Pty Ltd and JTA Corporation Pty Ltd, which were the second and third defendants in Victorian Legal Services Board v Jensen [2018] VSC 740, in which the Victorian Legal Services Board applied for an injunction to restrain the defendants from engaging in unqualified legal practice, and from advertising or representing, or doing anything that states or implies that they are entitled to engage in legal practice.

Dennis Jensen had acted on behalf of a number of people, sending numerous documents such as those titled “Criminal Charge Sheet for Common Law Grand Jury” and “Common Law Default Notice” and “Common Law Jurisdiction Commercial Lien Notice of First and Final Warning”, contending that sums of over $500,000 was owing regarding these foisted unilateral contracts and associated fee schedules, and even registering a security interest over the property of one of the recipients on the Personal Property Securities Register (PPSR). 

The defendants did not make submissions nor appear in the proceedings. Garde J referred to the relevant provisions, and cited the authorities in Re Sanderson; Ex Parte Law Institute of Victoria [1927] VLR 394, Cornall v Nagle [1995] 2 VR 188, Felman v Law Institute Of Victoria [1998] 4 VR 324, and noted this relatively broad approach to the term “engaging in legal practice” was applied in David Walter‘s similar case Legal Services Commissioner v Walter [2011] QSC 132

His Honour concluded that Dennis Jensen had carried out actions and activities, prepared documents and engaged in conduct which is prohibited unless performed by an Australian legal practitioner, and also had advertised or represented that they are entitled to do so.  

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