Neil v Legal Profession Complaints Committee [No 2]

[2012] WASCA 150

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Appeal on question of law from State Administrative Tribunal
4. › Whether proposed grounds raise question of law
5. › Alleged failure to take into account mandatory considerations
6. › Distinction between mandatory considerations and particular pieces of evidence
7. › State Administrative Tribunal Act 2004 (WA), s 105
1. Practice and Procedure
2. › Recusal
3. › Apprehended bias
4. › Whether reasonable apprehension of bias
5. › Prior role as chairman of complaints committee
6. › Allegation that prior decision was wrong
1. Legal Profession
2. › Complaints against practitioners
3. › Review of decision to dismiss complaint
4. › Leave to review where complaint found unreasonable
5. › Legal Profession Act 2008 (WA), ss 410, 413, 417, 421, 424, 425, 428, 432, 435, 589

Quick Take

An appeal on a question of law from the SAT does not open the door to a rehearing; grounds alleging failure to take into account 'mandatory considerations' that are in substance challenges to findings of fact or particular pieces of evidence do not raise questions of law. A judge's prior role as chairman of a complaints committee, where the events in question occurred after the judge's tenure, does not give rise to a reasonable apprehension of bias.