Edward v Legal Practitioners Complaints Committee

[2006] WASCA 194

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Legal practitioners
3. › Disciplinary proceedings
4. › State Administrative Tribunal
5. › Power to make and transmit report to Supreme Court
6. › Whether Tribunal must first find its own powers inadequate
7. › Legal Practice Act 2003 (WA), ss 185, 187
1. Statutory Interpretation
2. › Construction of disciplinary powers
3. › Alternative powers conferred by statute
4. › Whether exercise of one power conditioned on inadequacy of alternative power
5. › Legal Practice Act 2003 (WA), s 185(2)

Quick Take

Under s 185(2)(a) of the Legal Practice Act 2003 (WA), the State Administrative Tribunal may make and transmit a report to the Supreme Court (Full Bench) without first positively finding that its own powers under s 187 are inadequate. It is sufficient that the conduct arguably warrants more severe penalties than those available to SAT, or that the novelty of the conduct or unusual circumstances make it desirable for the Supreme Court to determine penalty. The powers under s 185(2)(a) and (b) are mutually exclusive alternatives.