The discretion under s 511 of the Legal Profession Act 2004 (NSW) to dismiss a complaint summarily on the basis that the conduct was the subject of a previous dismissed complaint does not need to be exercised before commencing an investigation. A complaint relating to the same type of conduct but covering a different period and different amounts is a new complaint, not a repetition of a previously dismissed complaint. An invitation to make submissions satisfies procedural fairness requirements even without express notification of a 'right' to make submissions. Where a s 660 notice was issued under the Legal Profession Act 2004 but the complaint for non-compliance was made after commencement of the Uniform Law, the Uniform Law governs the Tribunal proceedings, but the procedures do not materially differ.
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