Hagipantelis v Legal Services Commissioner of New South Wales

The appeal concerned a decision of the Administrative Decisions Tribunal (NSW) finding that Mr Hagipantelis and his firm had engaged in professional misconduct by contravening provisions of the *Legal Profession Act 1987* (NSW) and the *Legal Profession Regulation* (NSW) concerning the marketing of legal services. The Legal Services Commissioner of New South Wales had initiated the proceedings.

The primary legal issues before the Court of Appeal were whether the Tribunal had erred in its interpretation of the terms "advertisement" and "marketing" as used in the relevant legislation, and whether it was a prerequisite for disciplinary proceedings that criminal proceedings, where available, be brought first.

The Court of Appeal held that the Tribunal had correctly interpreted the prohibitions on marketing legal services in respect of personal injury matters. It found that the conduct in question fell within the scope of "marketing" and "advertisement" as defined by the Act and Regulation. Furthermore, the Court determined that there was no requirement for criminal proceedings to be exhausted before the Tribunal could consider disciplinary action for professional misconduct. The appeal was accordingly dismissed.