Neil v Legal Profession Complaints Committee [No 2]

[2011] WASCA 66

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Legal Profession
2. › Complaints against practitioners
3. › Jurisdiction of complaints committee
4. › Conduct occurring outside jurisdiction
5. › Whether consent of corresponding authority required
6. › Legal Profession Act 2008 (WA), s 407(2)
1. Legal Profession
2. › Complaints against practitioners
3. › Summary dismissal of complaint
4. › Complaint found unreasonable and vexatious
5. › Leave required to seek review
6. › Legal Profession Act 2008 (WA), s 435(2)
1. Appeal
2. › Leave to appeal from State Administrative Tribunal
3. › Whether real argument sufficient to raise doubt about decision
4. › Whether substantial injustice
5. › State Administrative Tribunal Act 2004 (WA), s 105

Quick Take

Under s 407(2) of the Legal Profession Act 2008 (WA), a complaints committee lacks jurisdiction to deal with a complaint about conduct occurring in another jurisdiction unless the consent of the corresponding authority or the practitioner has been obtained. A complaint about the preparation of an affidavit by a solicitor will be unreasonable and vexatious where the complainant provides no basis for asserting the solicitor knew the contents were false and the real concern is with the truth of the deponent's evidence.