Khosa v Legal Services and Complaints Committee

[2024] WASCA 148

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Legal Profession
2. › Professional discipline
3. › Professional misconduct
4. › Failure to pay counsel's fees
5. › False and misleading representations
6. › Failure to respond to regulatory investigation
7. › Whether Tribunal erred in recommending removal from roll and ordering costs
8. › Legal Profession Act 2008 (WA), s 438
1. Practice and Procedure
2. › Adjournment
3. › Refusal of adjournment on medical grounds
4. › Whether proceeding in absence of party involved denial of procedural fairness
5. › Whether party given sufficient opportunity to present case
1. Administrative Law
2. › State Administrative Tribunal
3. › Objectives of Tribunal
4. › Whether failure to achieve objectives in s 9 of SAT Act justified dismissal of proceedings or appellate interference
5. › State Administrative Tribunal Act 2004 (WA), s 9
1. Appeal
2. › Leave to appeal
3. › State Administrative Tribunal decisions
4. › Whether grounds of appeal have reasonable prospect of succeeding
5. › State Administrative Tribunal Act 2004 (WA), s 105

Quick Take

A party who is given a sufficient opportunity to present their case and fails to take advantage of it without reasonable cause cannot complain of denial of procedural fairness when the tribunal proceeds in their absence.