Neil v Legal Profession Complaints Committee

[2017] WASCA 109

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of disciplinary tribunal orders pending appeal
4. › Factors relevant to grant of stay
5. › Whether appeal rendered nugatory
6. › Prospects of success on appeal
7. › Public interest in protection of consumers
8. › State Administrative Tribunal Act 2004 (WA), s 106
1. Legal Profession
2. › Professional misconduct
3. › Penalty orders
4. › Condition on practising certificate
5. › Practise only as employed solicitor under supervision
6. › Stay pending appeal
7. › Public interest in protection of consumers of legal services
8. › Legal Profession Act 2008 (WA), s 401(a)
1. Appeal
2. › Right of appeal from State Administrative Tribunal
3. › Whether appeal lies on questions of fact
4. › Whether order deprives person of capacity to lawfully pursue vocation
5. › Employment condition distinguished from suspension
6. › State Administrative Tribunal Act 2004 (WA), s 105(13)
1. Practice and Procedure
2. › Appeal
3. › Appeal by way of rehearing
4. › Failure to apply for review under s 84 of State Administrative Tribunal Act 2004 (WA)
5. › Whether failure to pursue alternative remedy counts against grant of leave to appeal

Quick Take

A condition requiring a legal practitioner to practise only as an employed solicitor under supervision may not have the legal effect of depriving the practitioner of the capacity to lawfully pursue a vocation for the purposes of s 105(13) of the State Administrative Tribunal Act 2004 (WA), as it preserves the capacity to practise in an employed capacity. Where a party did not attend a Tribunal hearing, the failure to apply for review under s 84 of the SAT Act counts strongly against the grant of leave to appeal on the ground that the Tribunal erred in proceeding in the party's absence.