Disciplinary Tribunal

Applications to the Disciplinary Tribunal or Supreme Court

In some cases, both the Complainant and the lawyer have a right to apply to the Disciplinary Tribunal or the Supreme Court for a rehearing of a matter which was determined by the Board.

When the Board makes a determination about a complaint the written reasons for determination will advise both the complainant and the lawyer that they may apply to the Disciplinary Tribunal or Supreme Court to have the matter reheard, and they may also make an application to the Disciplinary Tribunal or Supreme Court to stay (put a hold on) the Board’s determination pending the finalisation of that application.

Please note that an application made to either the Disciplinary Tribunal or Supreme Court may, in the event that application is unsuccessful, result in a costs order against the person making the application. Accordingly it is strongly recommended that before you make an application to the Disciplinary Tribunal or Supreme Court, you seek independent legal advice.

Any application to the Disciplinary Tribunal must be in accordance with the form prescribed under the Legal Profession (Disciplinary Tribunal) Rules 2021.

The contact details of the relevant bodies are as follows:

 

Disciplinary Tribunal Secretary

Jarrod Bryan

GPO Box 1311, Hobart TAS 7001 or 38 Barrack Street, Hobart TAS 7000

Email: secretarydisciplinarytribunal@justice.tas.gov.au.

Phone:(03) 6165 6787

 

Supreme Court of Tasmania

General Enquiries: 1300 664 608

 

Not all decisions of the Board are determinations which have a right of application for a rehearing.

If the Board makes a decision which is not a determination you may, in certain circumstances, seek to challenge that decision by way of judicial review proceedings in the Supreme Court. We recommend you seek independent legal advice if you believe you have a right of judicial review.

Application to the Tribunal

In addition to the ability to seek a rehearing on a matter following a determination of the Board, section 464 of the Legal Profession Act 2007 provides that any person, including the Board, may apply to the Tribunal for the hearing and determination of a complaint.

Part 4.7 of the Legal Profession Act 2007 sets out the processes with respect to proceedings in the Disciplinary Tribunal including the power of the Tribunal and the orders of the Tribunal generally.

Residents of different states

If either the complainant or the legal practitioner is a resident of another State at the date of this determination, or both are residents of a State other than Tasmania and of different States, the Disciplinary Tribunal will not have jurisdiction to entertain an application and it should be made to the Supreme Court – see Burns v Corbett [2018] HCA 15.

We recommend you seek independent legal advice before you make an application to the Tribunal.

Disciplinary proceedings before the Supreme Court

Section 486 of the Legal Profession Act 2007 provides that any person may make an application to the Supreme Court to hear and determine a complaint. An application made pursuant to that section, unless ordered otherwise, is to be heard in open Court in accordance with the Supreme Court Rules 2000. Part 4.8 of the Act sets out the processes which apply with respect to disciplinary proceedings before the Supreme Court.

The Board is unable to provide you with any advice about what rights you might have in relation to an application to either the Disciplinary Tribunal or the Supreme Court. If you wish to make an application you should seek your own legal advice.