Exercise of jurisdiction relating to lawyers
22 Exercise of jurisdiction relating to lawyers
If the Rules so provide, the Full Court must exercise:
(a) the jurisdiction of the Court to hear and determine a proceeding under the Legal Profession Act 2006; and
(b) the inherent jurisdiction of the Court to hear and determine a proceeding relating to the discipline of a lawyer.
(2) If the proceeding involves a disputed question of fact, the Full Court may refer the question to a single Judge (who may be a member of the Full Court making the reference) to hear evidence and report his or her findings to the Full Court.
(3) If the Full Court refers a question to a single Judge, the Full Court must review the evidence taken before the Judge and may exercise any one or more of the following powers:
(a) it may adopt the Judge's findings on the evidence with or without modification;
(b) it may set aside the Judge's findings on the evidence and make its own findings;
(c) it may refer a question back to the Judge with a direction to hear further evidence.
(4) If an appeal from the Legal Practitioners Disciplinary Tribunal is heard by the Full Court:
the appeal is to be by way of rehearing; and
the Full Court has power:
(i) to draw its own inferences from evidence taken before the Tribunal; and
(ii) to refer a question back to the Tribunal with a direction to take further evidence, to reconsider the Tribunal's findings in the light of the further evidence and to report back to the Full Court; and
to receive further evidence in a manner the Full Court directs.
(5) Although the Rules provide for jurisdiction in matters of a particular class to be exercised by the Full Court:
(a) the Full Court may, if it thinks a particular matter would be more appropriately dealt with by a single Judge, refer the matter for hearing and determination by a single Judge; and
a single Judge may exercise the Court's jurisdiction:
in any matter of practice or procedure; or
(ii) to grant interlocutory relief necessary or desirable in the interest of justice; or
to deal with any other incidental matter.
(6) If the Full Court refers a particular matter for hearing and determination by a single Judge under subsection (5)(a), an appeal lies against the judgment of the single Judge to the Full Court.
(7) This section does not affect powers the Full Court has apart from this section in relation to evidence.
This Act’s bill:Second reading speech
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