Proceedings before Supreme Court
89 Proceedings before Supreme Court
Where the Tribunal after conducting an inquiry into the conduct of a legal practitioner recommends that disciplinary proceedings be commenced against the legal practitioner in the Supreme Court, the Commissioner, the
Attorney-General or the Society may institute disciplinary proceedings in the
Supreme Court against the legal practitioner.
If the Commissioner is of the opinion that the name of a legal practitioner should be struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating State that corresponds to the roll maintained under this Act because the practitioner has been found guilty of a serious offence, or for any other reason, the Commissioner may, without laying a charge before the Tribunal, institute disciplinary proceedings in the Supreme Court against the practitioner.
If—
—
a recommendation is made by the Tribunal that disciplinary proceedings be commenced against a legal practitioner in the Supreme Court;
or
the Commissioner has advised a legal practitioner in writing of his or her intention to institute disciplinary proceedings against the legal practitioner in the Supreme Court; and
the legal practitioner informs the Court in writing that he or she would consent to an order that his or her name be struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating
State that corresponds to the roll maintained under this Act, the Court may, despite the fact that disciplinary proceedings have not been instituted, order that the name of the legal practitioner be struck off the roll maintained under this Act or kept in the other State (as appropriate).
In any disciplinary proceedings against a legal practitioner (whether instituted under this section or not) the Supreme Court may exercise any one or more of the following powers:
it may reprimand the legal practitioner;
it may make an order imposing conditions on the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate)—
relating to the practitioner's legal practice; or
requiring that the legal practitioner, within a specified time, complete further education or training, or receive counselling, of a specified type;
it may make an order suspending the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate) until the end of the period specified in the order or until further order;
it may order that the name of the legal practitioner be struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating State that corresponds to the roll maintained under this
Act;
it may make any other order (including an order as to the costs of proceedings before the Court and the Tribunal) that it considers just.
In any disciplinary proceedings the Supreme Court may refer any matter to a Judge or Associate Justice, or to the Tribunal, for investigation and report.
In any disciplinary proceedings—
the Supreme Court may, without further inquiry, accept and act on any findings of the Tribunal or of a Judge or Associate Justice to whom a matter has been referred for investigation and report under subsection (4); and
the Supreme Court may—
receive in evidence a transcript of evidence taken in any proceedings before a court of any State and draw any conclusions of fact from the evidence that it considers proper;
adopt, as in its discretion it considers proper, any findings, decision, judgment or reasons for judgment of any such court that may be relevant to the proceedings.
Where the Supreme Court is satisfied, on the application of the
Commissioner, the Attorney-General or the Society, that a legal practitioner is disqualified or suspended from practice under the law of any other State (whether or not that State is a participating State), it may, without further inquiry, impose a corresponding disqualification or suspension under the provisions of this section.
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