The Legal Practitioners Complaints Committee v De Alwis

[2006] WASCA 198

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Legal Practitioners
2. › Disciplinary proceedings
3. › Misappropriation of trust money
4. › Failure to maintain trust account
5. › Whether practitioner fit and proper person to remain on roll of practitioners
6. › Legal Practitioners Act 1893 (WA), s 25(1)(b)(v), s 25(1)(c), s 28D, s 30, s 31
1. Legal Practitioners
2. › Disciplinary proceedings
3. › Appeal from finding of disciplinary tribunal
4. › Application for extension of time
5. › Lengthy delay
6. › Whether arguable case on appeal
7. › Whether exceptional circumstances
8. › Rules of the Supreme Court 1971 (WA), O 5, O 65 r 3(1)
1. Practice and Procedure
2. › Bias
3. › Apprehended bias
4. › Application for disqualification of member of coram
5. › Prior service on complaints committee
6. › Whether fair-minded lay observer might reasonably apprehend bias
1. Practice and Procedure
2. › Extension of time
3. › Appeal from statutory tribunal
4. › Factors relevant to exercise of discretion
5. › Length of delay
6. › Reasons for delay
7. › Prospects of success
8. › Prejudice

Quick Take

A legal practitioner who receives client funds and fails to deposit them into a trust account, instead directing payment into personal or office accounts, engages in misappropriation of trust money warranting striking off the roll, even where the practitioner claims entitlement to the funds for work performed. Prior service by a judge on a complaints committee does not, without more, give rise to a reasonable apprehension of bias in subsequent disciplinary proceedings concerning a practitioner whose matters were dealt with during that service.