Legal Practitioners Conduct Board v Viscariello

In the case of Legal Practitioners Conduct Board v Viscariello, the Legal Practitioners Conduct Board sought an interim order to suspend the practising certificate of a lawyer, pending the finalisation of disciplinary proceedings. The lawyer opposed the interim order and proposed a series of undertakings instead. The Board's application was based on the Legal Practitioners Act 1981 (SA) s 89A or the inherent jurisdiction of the court.

The central legal issues in this case revolved around the appropriate response to the practitioner's alleged unprofessional conduct, which the Tribunal had found to include dishonesty. The court had to determine whether the interim suspension of the practitioner's practising certificate was warranted, or if alternative conditions could be imposed on the certificate.

The court found that given the serious finding of dishonesty by the Tribunal, conditions should be imposed on the practitioner's practising certificate rather than accepting the practitioner's proposed undertakings. The court concluded that disciplinary proceedings had been commenced, and the circumstances justified invoking the provisions of section 89A of the Legal Practitioners Act 1981 (SA). The court also determined that it would be appropriate to make orders in the inherent jurisdiction. An order imposing conditions on the practitioner's practising certificate was made, with the precise conditions and orders to be determined following further submissions from the parties.