Viscariello v Livesey

The appellant, Mr Viscariello, appealed against the dismissal of charges of professional misconduct he had laid against two legal practitioners, Mr Livesey QC and Ms Flaherty, before the Legal Practitioners Disciplinary Tribunal. The charges arose from the respondents' representation of Ms George in litigation involving Ms Hamilton-Smith, with whom Mr Viscariello was formerly in a domestic relationship. Mr Viscariello argued that he had standing to bring the charges under s 82(2)(d) of the Legal Practitioners Act 1981 (SA), as he was a person aggrieved by the alleged conduct of the respondents. The Tribunal found that Mr Viscariello did not have standing to bring the charges as he was not "really and directly" affected by the alleged conduct, and dismissed the charges. The key legal issues in the appeal were whether the Tribunal's construction of the term "a person claiming to be aggrieved by reason of the alleged unprofessional or unsatisfactory conduct" was correct, and whether the evidence established that Mr Viscariello had suffered actual detriment as a result of the alleged conduct of the respondents. The Court found that the Tribunal's construction of the term was correct, and that the evidence did not establish that Mr Viscariello had suffered actual detriment as a result of the alleged conduct of the respondents. The Court also found that any loss suffered by Mr Viscariello by acting without charge for Ms Hamilton-Smith could not be attributed to the alleged conduct of the respondents. The Court dismissed the appeal and affirmed the decision of the Tribunal. The Court also refused the appellant's applications to amend the charges laid before the Tribunal, to receive further evidence, and to amend the notice of appeal.