38. Returning judicial officers

38.1. A solicitor who is a former judicial officer must not appear in:

38.1.1. any court if the solicitor has been a member thereof a presided therein; or

38.1.2. any court from which appeals to any court of which the solicitor was formerly a member may be made or brought,

   for a period of two years after ceasing to hold that office unless permitted by the relevant court.

Commentary

QCAT Practice Direction No. 2 of 2013 allows 'QCAT sessional members and adjudicators who are lawyers to nominate a list or lists within QCAT in which they will not sit.' The Practice Direction is designed to prevent the risk of embarrassment and the appearance of conflicting duties and interests, or the appearance of bias to the lawyers involved.