Mendonca v Legal Services Commissioner

In the Federal Court, Mendonca sought judicial review of a decision by the Legal Services Commissioner to refuse a request for an internal review of a complaint against a solicitor. The complaint was lodged more than six months after the events complained of, which was outside the statutory time limit. The applicant argued that the Commissioner should have exercised their discretion to extend the time limit for review. The Commissioner refused to conduct an internal review, asserting that the complaint was out of time.

The court was required to determine whether the Commissioner's decision to refuse an internal review was subject to judicial review and, if so, whether the Commissioner had exercised their discretion appropriately. The court considered whether orders in the nature of certiorari and mandamus could lie against the Commissioner, given that the Commissioner's powers were statutory and discretionary. The court also examined whether the Commissioner's decision was unlawful or otherwise subject to judicial review.

The court found that the Commissioner's decision was not subject to judicial review as it was not an exercise of a statutory power, but rather a decision not to exercise a discretion. The court held that the Commissioner had absolute discretion to decide whether to conduct an internal review and that this discretion was not subject to judicial review. The court further found that there was no point of principle that warranted the grant of relief in this case. Consequently, the summons was dismissed.

No orders were made by the court as the summons was dismissed.