The law has caught up with a central Queensland man moonlighting as a lawyer, even though he is not qualified to practise in Australia.
The Supreme Court of Queensland has banned Gladstone's Surendra Raghoobar from practising law after it found he engaged in legal practice despite not being an Australian legal practitioner.
Mr Raghoobar, who has a law degree from the University of Kent in the United Kingdom, has claimed he did not provide legal services and was only assisting clients with tasks like proofreading and editing documents.
In his affidavit, he said he did not represent himself as a lawyer and did not sign documents for his clients.
But Justice Glenn Martin found Mr Raghoobar still engaged in legal practices such as assisting clients with applications and affidavits and preparing cases for litigation, as well as drafting documents for court and providing litigation advice.
The Legal Profession Act 2007 prohibits people from engaging in legal practice unless they are Australian legal practitioners with a current, local or interstate practising certificate.
Search warrant, documents seized
The Legal Services Commission said a tip-off from legal professionals in Gladstone led it to execute a search warrant on Mr Raghoobar's home.
On 27 April, 2022, commission employees seized 31 document binders that related to 20 different clients of Mr Raghoobar.
The binders contained documents filed in various courts, communication from clients and tax invoices.
"Mr Raghoobar's argument was that he had not provided legal advice, but the material is replete with examples of that being done," the court judgement said.
Mr Raghoobar worked as a consultant at law firms in central Queensland, including Kenny and Partners from 2010 to 2017 and Ramos and Co Lawyers from 2017 to 2019.
The court found that after Mr Raghoobar finished working at Ramos and Co Lawyers, he received several requests from friends and acquaintances for assistance in their matters and that was when he began his own business, Sr Dep Services.
The court has banned Mr Raghoobar from practising law in Queensland when he is not an Australian legal practitioner.
In particular, it specified he could not provide legal advice, communicate on behalf of parties, draw documents for proceedings, draft submissions, confer with parties, attend court on behalf of parties and negotiate or mediate in litigation matters.
