Council of the Law Society of the ACT v Legal Practitioner D3

The Council of the Law Society of the ACT brought an application for prerogative writs and orders against a legal practitioner and the ACT Civil and Administrative Tribunal (ACAT). The Council sought a writ of certiorari to quash a decision of the tribunal and a writ of mandamus to compel the tribunal to hear and determine an application for disciplinary action against the legal practitioner. The legal practitioner had applied to ACAT for a declaration that it had no jurisdiction to hear the Council's application for disciplinary action. ACAT declined to deal with the occupational discipline application on the basis it lacked jurisdiction.

The key issues before the court were whether ACAT had jurisdiction to hear and determine the Council's application for disciplinary action and, if so, whether both a writ of certiorari and a writ of mandamus were necessary. The Council argued that ACAT had jurisdiction and that both orders were required, while the legal practitioner argued that ACAT lacked jurisdiction and that neither order was necessary.

The court found that ACAT had jurisdiction to hear and determine the Council's application for disciplinary action. The court considered the transitional provisions in the Legal Profession Act 2006 (ACT) and concluded that they did not limit ACAT's jurisdiction in this case. The court also found that only a writ of mandamus was necessary, as the decision of ACAT could be quashed by the issuance of that writ. The court noted that the Council was free to apply for costs in the other proceedings.

The court made orders that ACAT had jurisdiction to hear and determine the Council's application for disciplinary action, that the parties provide draft orders and submissions about costs in SC110/17 by a date to be fixed, and that the parties provide submissions about costs in SC561/16 by a date to be fixed. The court also made a writ of mandamus directing ACAT to hear and determine the Council's application for disciplinary action.