Tangsilsat v Council of the Law Society of New South Wales

This matter concerned an appeal to the Court of Appeal of New South Wales by Ms Tangsilsat against a decision of the NSW Civil and Administrative Tribunal (NCAT). The dispute arose from disciplinary proceedings initiated by the Council of the Law Society of New South Wales, concerning Ms Tangsilsat's failure to disclose her suspension by the Migration Agents Registration Authority (MARA) from practising as a migration agent to the Law Society.

The Court was required to determine whether NCAT had erred in finding that Ms Tangsilsat's non-disclosure constituted professional misconduct under s 297 of the Legal Profession Uniform Law (NSW). Further, the appeal raised questions as to whether certain statements made by a member of NCAT during the hearing gave rise to a reasonable apprehension of bias, and whether Ms Tangsilsat had been denied procedural fairness in relation to NCAT's consideration of the MARA finding.

The Court of Appeal dismissed the appeal, upholding NCAT's finding of professional misconduct. The Court reasoned that the failure to disclose the MARA suspension was a material omission that undermined the integrity of the regulatory process. Regarding the apprehension of bias, the Court found that while a member of NCAT had expressed a "hope" as to future investigations by the Law Society, this statement, viewed in context, did not demonstrate actual bias or a reasonable apprehension of bias. The Court also found no denial of procedural fairness. Consequently, the Court discharged the previous stay on proceedings and ordered Ms Tangsilsat to pay the respondent's costs.