Legal Practitioner LP 201901 (David Lander) v Council of the Law Society of the ACT

The matter before the court was an appeal by David Lander, a legal practitioner, against a decision by the Council of the Law Society of the ACT. The council had decided to make an application to the Australian Competition and Consumer Tribunal (ACAT) for an occupational discipline order, following a complaint against Lander for unsatisfactory professional conduct. The conduct in question involved Lander's criticism of an adverse litigant and their witnesses in a legal matter, which the council found to be in breach of rules regarding courtesy and the injury to the reputation of the profession.

The legal issues before the court were whether Lander's conduct constituted unsatisfactory professional conduct and whether the council's decision to make an application to the ACAT was correct. The court examined the relevant provisions of the Legal Profession Uniform Law Application Act 2014 (ACT), particularly sections 411 and 413, which deal with the council's powers to make an application to the ACAT for an occupational discipline order without conducting a full investigation when there is a reasonable likelihood of the practitioner being found guilty of unsatisfactory professional conduct. The court also considered the criteria set out in the Act for determining whether conduct amounts to unsatisfactory professional conduct.

The court found that the council's decision was well-reasoned and supported by the evidence. The criticism of the adverse litigant and witnesses was deemed to be in breach of the relevant rules, as it was found to be disrespectful and damaging to the reputation of the profession. The court emphasised the importance of maintaining courtesy and respect in professional interactions, and upheld the council's decision to make an application to the ACAT. The appeal was dismissed, and the council's decision was confirmed.

The court's final orders were that the appeal be dismissed and the decision under appeal dated 5 December 2018 be confirmed. The order made on 14 January 2019 suppressing the applicant's name would remain in force until 29 days after the date of the decision, after which the decision would be published with the applicant's full name.