Lee v Law Complaints Officer as the Delegate of the Legal Profession Complaints Committee

[2023] WASCA 60

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Supervening bankruptcy
4. › Effect on pending appeal
5. › Whether appeal deemed abandoned
6. › Whether trustee made election to prosecute
7. › Bankruptcy Act 1966 (Cth), s 60(2), s 60(3)
1. Practice and Procedure
2. › Appeal
3. › Supervening bankruptcy
4. › Exception for personal injury or wrong done to bankrupt
5. › Whether appeal in nature of judicial review of statutory decision-maker's dismissal of professional disciplinary complaints is action 'in respect of personal injury or wrong done to the bankrupt'
6. › Bankruptcy Act 1966 (Cth), s 60(4)
1. Practice and Procedure
2. › Appeal
3. › Judicial review
4. › Appeal from State Administrative Tribunal on questions of law
5. › Character of appeal as judicial review
6. › State Administrative Tribunal Act 2004 (WA), s 105
1. Legal Profession
2. › Complaints and discipline
3. › Dismissal of complaint by complaints committee
4. › Review by State Administrative Tribunal
5. › Objects of disciplinary regime
6. › Legal Profession Act 2008 (WA), s 401, s 415, s 435

Quick Take

An appeal from a statutory tribunal's review of a decision to dismiss professional disciplinary complaints is not an action 'in respect of any personal injury or wrong done to the bankrupt' within s 60(4) of the Bankruptcy Act 1966 (Cth), even where the underlying complaints relate to conduct that allegedly caused loss to the complainant. The existence of a statutory power in the tribunal to order compensation (s 87 SAT Act) does not alter the character of the appeal for the purposes of s 60(4).