Council of the Law Society of the Act v Legal Practitioner 1 (Occupational Discipline)

The case between the Council of the Law Society of the ACT and a Legal Practitioner 1 was brought before the ACT Civil and Administrative Tribunal. The central issue in the case was whether the Council of the Law Society of the ACT was entitled to use an affidavit sworn by a third party practitioner, which was originally filed in support of an application to remove the proceedings to the Supreme Court. The Legal Practitioner 1 contested the use of this affidavit, arguing that it should not be admissible in the current proceedings.

The Tribunal examined the legal issues surrounding the admissibility of the affidavit, considering whether the applicant could use the third party’s affidavit in the context of making possible determinations in the amended application for interim or other orders. The Tribunal had to balance the need for procedural fairness with the potential prejudice to the Legal Practitioner 1, who did not have the opportunity to cross-examine the affiant.

In reaching its decision, the Tribunal found that the applicant could use the affidavit to assist in making possible determinations, provided that the Legal Practitioner 1 was given an opportunity to make submissions on the affidavit’s contents. The Tribunal considered that the use of the affidavit would not cause significant prejudice to the Legal Practitioner 1, as they would still have the opportunity to challenge its contents. Therefore, the Tribunal granted leave for the applicant to use the affidavit in the proceedings.