Chang v Legal Profession Complaints Committee

[2021] WASCA 86

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Springing orders
4. › Extension of time to comply
5. › Whether in interests of justice to grant extension
6. › Whether proposed appellant's case complied with Rules
7. › Whether reasonably arguable grounds of appeal disclosed
8. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 32(4)(b), r 32(5)(a)
1. Legal Practitioners
2. › Disciplinary proceedings
3. › Professional misconduct
4. › False and misleading statements to client and court
5. › Knowingly making false statements about contacting insurer
6. › Whether conduct constituted professional misconduct
7. › Legal Profession Act 2008 (WA), s 403, s 438(2)(a)
1. Appeal
2. › Practice and procedure
3. › Right of appeal
4. › Whether statutory right of appeal spent once appeal instituted
5. › Whether second appeal competent after dismissal of first
6. › State Administrative Tribunal Act 2004 (WA), s 105

Quick Take

A legal practitioner who knowingly makes false and misleading statements to a client and a court about having contacted an insurer, in order to defer or delay proceedings, engages in professional misconduct warranting a recommendation for removal from the roll. An application for extension of time to comply with a springing order will be refused where the proposed appellant's case does not comply with the Court of Appeal Rules and does not disclose any reasonably arguable grounds of appeal. The question of whether s 105 of the SAT Act permits multiple appeals from a single Tribunal decision was left open.