Appellants v Council of the Law Society of the ACT and The Legal Practitioner

[2011] ACTSC 133

Supreme Court of the ACT

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Interrogate

Catchwords

1. Administrative Law
2. › Particular tribunals or bodies
3. › ACT Civil and Administrative Tribunal
4. › Power to order costs
5. › Whether broad statutory formula 'any order it considers appropriate' confers power to order costs
6. › Whether power to order costs must be expressly or impliedly conferred by statute
7. › Legal Profession Act 2006 (ACT), s 416(3)
1. Professions and Trades
2. › Lawyers
3. › Complaints and discipline
4. › Appeal from dismissal of complaint by Law Society Council
5. › Power of ACAT to order costs against complainant on appeal
6. › Whether costs power consistent with purposes of complaints regime
7. › Legal Profession Act 2006 (ACT), ss 384, 416, 433, 434
1. Administrative Law
2. › Particular tribunals or bodies
3. › ACT Civil and Administrative Tribunal
4. › Practice and procedure
5. › Meaning of 'appeal' under authorising law
6. › Whether appeal under authorising law is an 'application' within ACAT Act
7. › ACT Civil and Administrative Tribunal Act 2008 (ACT), ss 9, 29, 79, 83
1. Words and Phrases
2. › 'any order it considers appropriate'
3. › Legal Profession Act 2006 (ACT), s 416(3)

Quick Take

The ACAT has no power to order costs against complainants in appeals under s 416 of the Legal Profession Act 2006 (ACT). The phrase 'any order it considers appropriate' in s 416(3) does not confer any jurisdiction the ACAT does not already possess; it merely gives discretion to make orders within existing power. All matters coming before the ACAT at first instance under authorising laws are 'applications' within the ACAT Act, whether the authorising law calls them applications or appeals.