› Scope of investigation under Legal Profession Uniform Law
Quick Take
1A practitioner who withdraws a review proceeding after expressly accepting a disciplinary decision as resolved 'fairly and convincingly' faces very low prospects of successfully commencing a second review of the same decision, and such a proceeding is likely to constitute an abuse of process.
2A 17-month delay in commencing a review proceeding greatly undermines the utility and purpose of the 28-day time limit, and the fact that a disciplinary finding later has adverse consequences in another jurisdiction does not constitute a compelling explanation for the delay where the practitioner had actual knowledge of that possibility at the time of the original resolution.
3The Legal Practice Board's power to investigate under s 283(1) of the Legal Profession Uniform Law (WA) permits extension of the scope of an investigation to include conduct identified during its course; an investigation is not confined to the precise terms of a referral from another body.
