Legal Profession Conduct Commissioner v Richardson

The Full Court of the Supreme Court of South Australia considered a dispute between the Legal Profession Conduct Commissioner and Mr. Richardson. The matter concerned the validity of a charge laid by the Commissioner against Mr. Richardson, which related to conduct that occurred more than five years prior to the laying of the charge. The case was referred to the Full Court by consent of the parties.

The central legal issue before the court was whether the amended time limitation provisions under the Legal Practitioners Act 1981 (SA), as amended by the Legal Practitioners (Miscellaneous) Amendment Act 2013 (SA), applied to conduct that occurred before the commencement of the amendments on 1 July 2014. Specifically, the court had to determine if a charge laid by the Commissioner, alleging misconduct that occurred more than five years before 1 July 2014, was invalid due to the time limitation provisions.

The court reasoned that the presumption that legislation operates prospectively did not apply in this instance. It noted that the amended legislation reduced the prima facie limitation period from five to three years but retained a discretionary power for the Tribunal to grant an extension of time. The court found that the transitional provisions, particularly clause 14(1) of Schedule 2 to the Amendment Act, evinced a clear intention that the amended Act, including its time limitation provisions, should apply to charges commenced and prosecuted in the Tribunal, regardless of when the conduct occurred. Therefore, the court concluded that the charge laid by the Commissioner was not invalid.

The court ordered that the charge laid by the Commissioner against Mr. Richardson was not invalid, even if it related to conduct that occurred more than five years before 1 July 2014. The court affirmed that the Tribunal had the power under section 82(2a) of the amended Act to allow an extension of time for the laying of the charge, and the merits of any such extension were a matter for the Tribunal to decide. The parties were to be heard on the precise form of the declarations to be made.