Under the Legal Profession Act 2004 (Vic), a solicitor has a right to be heard before the Legal Services Commissioner classifies a complaint as a disciplinary complaint and refers it for investigation. The mandatory notification requirement in s 4.2.8 and the summary dismissal power in s 4.2.10 imply a legislative expectation that the Commissioner will take into account anything the solicitor wishes to submit before determining whether to dismiss the complaint or investigate it further. The Commissioner's classification of a complaint as disciplinary is not a question of jurisdictional fact but is reviewable on Wednesbury unreasonableness grounds. A complaint made to the Law Institute can become a complaint to the Commissioner with the complainant's ratification.
The full text is available to signed-in members, including the 31 later cases that cite this judgment.
5 of the 31 citing cases carry a classified treatment. How each court treated it is available to signed-in members.