Where a practitioner's verified Answer to a disciplinary reference is inconsistent with earlier sworn evidence given to the Complaints Committee, and the practitioner does not give oral evidence at the Tribunal hearing to explain the inconsistency, the Tribunal is justified in placing very significant weight on the earlier sworn evidence. A disciplinary tribunal is not limited to reporting to the Full Court only where it considers striking off appropriate. A disciplinary tribunal consisting of experienced practitioners is entitled to rely on its own expertise in assessing whether fees are grossly excessive.
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