RESTIFO and LEGAL PROFESSION COMPLAINTS COMMITTEE

The plaintiff, Restifo, applied to the court for a review of a decision by the Legal Profession Complaints Committee, which dismissed a complaint against the defendant, a legal practitioner. The complaint alleged that the defendant settled a client’s matter without proper instructions. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the complaint against the defendant had a reasonable likelihood of being upheld by the State Administrative Tribunal as a case of unsatisfactory professional conduct or professional misconduct. The court considered the standard of proof required for a complaint to be upheld by the Tribunal, which is a balance of probabilities. The court also needed to determine the appropriate approach to take when reviewing the Complaints Committee's decision.

In its reasoning, the court found that the Complaints Committee's decision was not manifestly unreasonable. The court considered that the Complaints Committee had correctly applied the standard of proof required for a complaint to be upheld by the Tribunal. The court also noted that the Complaints Committee had taken into account the obligation of a practitioner to pursue settlement in the best interests of the client. The court concluded that the Complaints Committee's decision to dismiss the complaint was reasonable, and therefore dismissed the application for review.

The court dismissed the application for review of the Complaints Committee's decision. The court found that the Complaints Committee had correctly applied the relevant legal principles and that its decision was not manifestly unreasonable. The court also noted that the practitioner had a duty to act in the best interests of the client, which includes pursuing settlement if it is in the client's best interests. The court held that the Complaints Committee's decision to dismiss the complaint was reasonable and should be upheld.