Young v Legal Profession Complaints Committee

[2022] WASCA 52

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Professions and Trades
2. › Legal practitioners
3. › Disciplinary proceedings
4. › Penalty
5. › Order precluding grant of practising certificate
6. › Whether Tribunal has power to make order with retrospective effect
7. › Legal Profession Act 2008 (WA), s 439(b)
1. Professions and Trades
2. › Legal practitioners
3. › Disciplinary proceedings
4. › Costs
5. › Whether delay and conduct of regulatory body relevant to costs determination
6. › Whether Tribunal erred in failing to take into account wasted costs caused by late disclosure
7. › State Administrative Tribunal Act 2004 (WA), s 87
1. Professions and Trades
2. › Legal practitioners
3. › Disciplinary proceedings
4. › Penalty
5. › Whether delay and conduct of regulatory body relevant to penalty determination
6. › Purposes of disciplinary proceedings
7. › Legal Profession Act 2008 (WA), s 401, s 439
1. Appeal
2. › Appeal on question of law from State Administrative Tribunal
3. › Substitutive orders
4. › Scope of power under s 105(9)
5. › Whether court should remit or substitute its own decision
6. › State Administrative Tribunal Act 2004 (WA), s 105(9)

Quick Take

The Tribunal cannot make an order under s 439(b) of the Legal Profession Act 2008 (WA) that a practising certificate not be granted for a period that has already elapsed; such orders must operate prospectively. Delay and conduct of the Committee in investigating and prosecuting complaints is relevant to costs (to the extent it caused wasted or increased costs) but generally not to penalty. The Court of Appeal may make substitutive orders under s 105(9) of the SAT Act where the relevant facts have been fully found or are undisputed, the court is in as good a position as the Tribunal, and substitution would achieve a convenient disposition.