Applicant or 3 of 2025 v Council of the Law Society of the Act (Occupational Discipline)

The Applicant, one of three individuals, brought an appeal against a decision made by the Council of the Law Society of the Australian Capital Territory regarding their occupational discipline. The applicants had their practising certificates suspended, were fined, and ordered to undertake a course in costs disclosure. They contested these penalties, leading to the Tribunal reviewing the matter. The central issues for the Tribunal were whether the penalties imposed by the Council were appropriate and proportionate to the breaches found. The Tribunal also needed to determine whether the Council's decision-making process was fair and whether the penalties imposed were justified under the relevant legislative framework.

The Tribunal considered the evidence presented and examined the nature and severity of the breaches committed by the applicants. It assessed the proportionality of the penalties and whether they were consistent with those imposed in similar cases. The Tribunal found that while the breaches were serious, the original penalties imposed by the Council were excessive. Consequently, the Tribunal varied the penalties, reducing the fine and extending the time for the applicants to complete the costs disclosure course. The Tribunal also noted that if the applicants successfully appealed its decision, the original penalties would remain in effect unless further varied or revoked by an appeal tribunal.

The Tribunal concluded that the Council's decision-making process was generally fair but that the penalties imposed were disproportionate. By varying the penalties, the Tribunal aimed to ensure that the sanctions were appropriate and aligned with the principles of fairness and proportionality. The Tribunal further clarified the conditions under which the orders made on 13 March 2025 would be revoked upon the conclusion of any appeal process. It also noted that written reasons for its decision would be provided in due course.