Craig Francis

Craig obtained his Bachelor of Laws (Honours) in 1983. He practised as a solicitor for five years before becoming a barrister in 1989. In 1993, he obtained a Masters in Laws (Honours).

Craig has been a qualified mediator and case appraiser since 1996, a Reporter for the Queensland Reports for the last 27 years and is presently a Sub-Editor. He was a joint author (with Lister Harrison QC) of the original title “Intellectual Property” in the online and loose-leaf publication “Court Forms and Precedents – Queensland” (Lexis Nexis).

Over a 30 year career as a barrister, Craig began working with the director of our Queensland team, Jason Carlson, in 2012. He appeared as the barrister in the following significant strata law matters:

• Appearing in the Supreme Court of Queensland to obtain an urgent injunction to prevent the termination of an administration agreement for a large body corporate management business (unreported decision).
• Appearing in the Queensland Court of Appeal to successfully resist an appeal made by a caretaker alleging that its management rights were unlawfully terminated, and successfully advocating for a cross-appeal to establish that the body corporate could not be held liable for an ultra vires committee decision: Famestock Pty Ltd v The Body Corporate for No 9 Port Douglas Road [2013] QCA 354.0
• Appearing before Member Roney QC of the Queensland Civil and Administrative Tribunal in Re Body Corporate for Viridian; Kjerulf Ainsworth & Ors v Martin Albrecht & Anor [2014] QCATA 294 to successfully appeal an adjudicator’s order overturning opposition to a resolution without dissent. This matter eventually made its way to the High Court of Australia, in which the QCAT appeal decision was affirmed as correct.
• Appearing in the Supreme Court of Queensland to resist an attempt to have a claim struck out for want of jurisdiction, producing one of the leading authorities on the extent of the exclusive jurisdiction of an adjudicator in the Office of the Commissioner for Body Corporate and Community Management: MacDonald & anor v Clark & anor [2012] QSC 418.

Outside of strata, Craig appeared as the barrister in the following significant matters:

• Hill v. Terry [1993] 2 Qd R 640 (before the Court of Appeal, against David Jackson QC who is now a Supreme Court Judge) – In this case he argued that the purchaser under a standard land contract could obtain relief against forfeiture. McPherson SPJ observed that he had “selected and presented [his arguments] with considerable perspicacity and skill” (at page 651).
• Draney v. Barry [2002] 1 Qd R 145 (before the Court of Appeal, being led by Hugh Fraser QC who is now a Court of Appeal Judge) – This case is one of the seminal cases, following the then recent operation of the Uniform Civil Procedure Rules, relating to how the Court exercises its discretion to allow amendments to a pleading which adds new causes of action which are time-barred.
• Emerson v Custom Credit Corporation Ltd [1994] 1 Qd R 516 (before the Court of Appeal, against Pat Keane QC SG [now High Court Judge] and Peter Applegarth [now Supreme Court Judge]); (on appeal from [1991] QSC 319 against Susan Kiefel QC [now the Chief Justice of the High Court]) – resisting an appeal relating to the meaning of “market value” as it appears in s 85 of the Property Law Act 1974 in relation to a mortgagee’s duty in exercising a power of sale.
• Vercorp Pty Ltd v. Lin [2007] 2 Qd R 180 (before Douglas J of the Supreme Court) – obtained an order for specific performance in relation to a right of pre-emption in a land contract to purchase the land back where the purchaser had failed to comply with building covenants.
• Mylne v. RSL [2014] 2 Qd R 127 (before Douglas J of the Supreme Court) – successfully opposed an urgent challenge to a candidate’s status to stand for the position of Chair in an AGM of the RSL to be held in a few days. The issues included whether the dispute was
  justiciable, the effect of the amalgamation of previous associations, and declaring of proceedings as valid under the Associations Incorporation Act 1981 where there had been a defect, irregularity or deficiency.
• Ebber v Isager [1995] 1 Qd R 150 (before White J of the Supreme Court) – striking out parts of a statement of claim based on various forms of estoppel including res judicata, issue estoppel, Anshun estoppel, and the Henderson v Henderson principle.