Malgorzata Urbaniak-Bak v Council of the Law Society of the Australian Capital Territory & “RA” (Occupational Discipline)

The case involved Malgorzata Urbaniak-Bak, the applicant, contesting a decision made by the Council of the Law Society of the Australian Capital Territory regarding her professional conduct. The dispute was heard in the Civil and Administrative Tribunal of the Australian Capital Territory. The applicant sought a review of the Council's decision and raised issues about the process and outcome of her disciplinary proceedings. A third party, referred to as "RA," was also identified as having an interest in the matter and was ordered to be joined as a party to the proceedings. The applicant also requested that the name of the joined party not be published in the title of the proceedings.

The legal issues that the tribunal was required to decide included whether the tribunal had jurisdiction to review the decision of the Law Society, whether the decision-making process was fair and just, and whether the applicant should be granted a non-publication order. The tribunal needed to consider whether the decision was made in accordance with the relevant legislation and whether it was based on relevant and sufficient evidence. The tribunal also had to consider whether the applicant's right to a fair hearing was breached by the inclusion of the third party, "RA," in the proceedings without her consent.

The tribunal found that it had jurisdiction to review the decision of the Law Society and that the decision-making process was fair and just. The tribunal also found that the applicant's right to a fair hearing was not breached by the inclusion of "RA" in the proceedings. The tribunal granted the applicant's request for a non-publication order and ordered that "RA" be joined as a party to the proceedings. The tribunal made orders regarding the filing of affidavits, documents, and written submissions by the parties, and scheduled a final directions hearing and a hearing for the matter.

The tribunal made several orders in relation to the conduct of the proceedings. These included orders that "RA" be joined as a party to the proceedings, that the name of the joined party not be published, and that the parties file certain documents and written submissions by specified dates. The tribunal also made orders regarding the provision of authorities to the parties and the tribunal, and scheduled a hearing for the matter. The tribunal made no orders regarding the substantive issues in dispute between the parties.