The SAT's report to the Full Bench under s 444 of the Legal Profession Act 2008 (WA) is conclusive as to all facts and findings, and the court cannot go behind the report or draw conclusions inconsistent with its contents. The court retains an independent discretion as to penalty and is not bound by the relief sought by the applicant or any recommendation of the SAT. A six-month suspension was imposed for offering to sell confidential client information to media for personal financial gain. The court identified an anomaly in appeal rights under s 105 of the State Administrative Tribunal Act 2004 (WA) that may warrant legislative attention.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
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