Council of the Law Society of the Act v Legal Practitioner 201818 (Chandra Prasad)

The matter before the tribunal involved a complaint against a legal practitioner, Chandra Prasad, brought by the Council of the Law Society of the ACT. The Council alleged professional misconduct and unsatisfactory professional conduct on the part of the respondent. The tribunal was tasked with determining the validity of these allegations and deciding on appropriate disciplinary actions under the Legal Profession Act 2006.

The legal issues that the tribunal needed to resolve included whether the respondent had indeed engaged in professional misconduct and unsatisfactory professional conduct as alleged by the Council. The tribunal had to examine the specific charges brought forth and assess if they were substantiated by the evidence presented. The tribunal also needed to determine if the penalties proposed by the Council were appropriate in the context of the misconduct found.

In its decision, the tribunal found that the respondent was guilty of professional misconduct in respect of charges 1 and 2, and unsatisfactory professional conduct in respect of charge 3. The tribunal concluded that the evidence provided was sufficient to substantiate these findings. The tribunal imposed a range of penalties, including a fine, public reprimand, requirement to undertake an ethics course, and payment of costs. The tribunal considered these penalties to be commensurate with the seriousness of the respondent's actions.

The tribunal made several orders, including that the respondent pay a fine of $10,000, be publicly reprimanded, undertake an approved ethics course, and pay the Council’s costs. These orders were made with the consent of both parties, ensuring that the disciplinary process was concluded efficiently and effectively.