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Where am I now? Lawlink > Law Reform Commission > Publications > Index
Report 99 (2000) - Complaints against lawyers: an interim report
Index
| Administrative Decisions Tribunal see also Legal Services Division of the Administrative Decisions Tribunal; Tribunal | |
| review of operation of | 6.3 |
| Advertising | |
| by legal practitioners | 3.29-3.32 |
| Advisory opinions | |
| of the Tribunal | 6.71-6.77 |
| Apology | |
| order for, to complainant | 6.11, 6.100 |
| Appeals | |
| from Tribunal to Tribunal Appeals Panel | 2.51-2.53, 6.105-6.109 |
| from Tribunal Appeal Panel to Supreme Court | 2.54 |
| from Tribunal to Supreme Court | 6.110-6.122 |
| Arbitrators | |
| complaints against | 2.14 |
| Audit Office see also Performance Audit Report | |
| review of Legal Aid Commission’s complaints-handling | 2.58 |
| Australian Banking Industry Ombudsman | 7.5 |
| Australian Capital Territory | |
| advertising of legal services | 3.31 |
| complaints against firms | 4.35 |
| co-operation with investigations | 4.78 |
| definitions of misconduct | 3.14 |
| handling of complaints against lawyers | 7.19 |
| time limits for complaints | 4.21 |
| Australian Securities and Investments Commission | |
| reference of offences to | 5.65 |
| Australian Taxation Office | |
| reference of offences to | 5.65 |
| Bar Association, New South Wales see also Councils; Professional Conduct Committees; Professional Affairs Director | |
| audit of activities funded by Statutory Interest Account | 1.8 |
| role of in investigatory system | 1.2, 7.11, 7.13, 7.14 |
| Bar Council see Councils | |
| Barristers see Legal Practitioners; Bar Association, New South Wales | |
| Barristers’ Rules see Practice Rules | |
| Barwick v Law Society of New South Wales see also Table of Cases | |
| legislation in response to | 1.12, 1.16 |
| Canada | |
| handling of complaints against lawyers | 7.24 |
| Client legal privilege | 4.48-4.59, 6.41, 6.56, 6.68, 6.70 |
| Co-regulation | 1.2, 7.1, 7.2, 7.6-7.9 |
| arguments concerning | 7.11-7.14 |
| Commercial arbitrators | |
| complaints against | 2.14 |
| Compensation | |
| availability of Fair Trading Tribunal for | 5.44, 5.54, 5.61, 5.62, 6.91, 6.97 |
| availability of Fidelity Fund for | 2.49, 5.54, 6.91 |
| consumer disputes and | 5.53-5.62 |
| ordered by the Tribunal | 2.49, 6.91-6.99 |
| when a claim must be made | 2.10 |
| Competition Policy Review see National Competition Policy Review | |
| Complaints against lawyers see also Dismissal of complaints; Initiating complaints; Investigation of complaints; Legal practitioners; Misconduct; Transfer of complaints; Withdrawal of complaints | |
| arising during the course of an investigation | 2.55 |
| Legal Aid Commission’s handling of | 2.58 |
| Office of the Director of Public Prosecutions’ handling of | 2.58 |
| practitioner’s entitlement to copy of | 4.62-4.67 |
| scope of | 2.18 |
| types of complainants | 2.11-2.13 |
| Complaints-handling standards | |
| criteria of Commonwealth Ombudsman | 7.25-7.31 |
| Law Society of New South Wales and | 7.11 |
| Part 10 and | 7.32, 7.33 |
| Conciliation see Mediation | |
| Conduct Rules see also Practice Rules | |
| process for making | 6.76 |
| Consumer Claims Division see Fair Trading Tribunal | |
| Consumer disputes | |
| complaints may be about | 2.7, 2.8 |
| dealing with | 5.23-5.62 |
| - by compensation | 5.53-5.62 |
| - by enforceable undertakings | 5.49-5.52 |
| - by mediation | 5.25-5.48 |
| mediation and | 2.21 |
| misconduct and | 2.19 |
| negligence and | 3.12, 3.17 |
| Consumer issues | 3.12, 3.17, 6.2, 7.15, 7.18 |
| Conveyancers see also Legal practitioners | |
| complaints against | 1.12, 2.14 |
| Costs (for legal services) | |
| disclosure of estimated | 3.18-3.28 |
| mediation of disputes concerning | 5.44 |
| misconduct and | 3.4, 3.24 |
| negligence and | 3.10 |
| Costs assessment | |
| complaints against costs assessors | 2.14 |
| effect of non-disclosure of costs | 3.19, 3.26, 3.28 |
| effect of, on claims in Fair Trading Tribunal | 5.62 |
| referral to | 5.66-5.74 |
| under Part 11 | 3.18-3.23 |
| Costs in the Tribunal | |
| ordered by Tribunal | 1.12, 2.50, 6.78-6.90 |
| special circumstances | 6.86-6.90 |
| Councils | |
| conducting investigations | 2.23-2.27, 2.55, 4.38-4.59, 4.72-4.88 |
| notification of decisions of | 4.68-4.71 |
| powers of, after investigation | 2.28-2.32, 5.1-5.74 |
| procedural fairness, duty to accord | 4.60-4.71 |
| review of decisions, by Legal Services Commissioner | 2.33-2.36, 5.75-5.86 |
| right to appear in Supreme Court | 6.123 |
| right to appear in Tribunal | 2.42 |
| transfer of complaints from | 4.89-4.93 |
| Criminal law see Offences | |
| Declaratory orders see Advisory opinions | |
| Directions hearings | |
| in Tribunal | 6.21-6.25 |
| Director of Public Prosecutions, Office of | |
| internal complaints-handling by | 2.58 |
| Disciplinary action see also Apology; Fines; Practising certificates; Reprimands; Roll of practitioners | |
| access to records of | 6.126-6.133 |
| Dismissal of complaints | |
| because “vexatious, misconceived, frivolous or lacking in substance” | 2.21, 6.15 |
| because further particulars not supplied | 2.24 |
| because in “public interest” | 2.22, 6.15 |
| because of good record of practitioner | 2.31, 5.10-5.15, 6.17 |
| because practitioner not guilty | 2.45 |
| review of decisions of Councils to dismiss | 5.78-5.80 |
| summary dismissal by Tribunal | 6.15-6.17 |
| Education | |
| order that practitioner undertake | 2.46, 6.100-6.102 |
| Enforceable undertakings | 5.49-5.52 |
| England | |
| handling complaints against lawyers | 7.22 |
| Evidence | |
| admission of fresh evidence on appeal from Tribunal | 6.116-6.118 |
| application of rules of evidence in Supreme Court | 6.119 |
| application of rules of evidence in Tribunal | 6.36-6.50 |
| recording of evidence when practitioner consents to removal from roll | 6.28 |
| Fair Trading Tribunal | |
| availability of Consumer Claims Division for compensation | 5.44, 5.54, 5.61, 5.62, 6.91, 6.97 |
| public hearings in | 6.60 |
| Fees see Costs | |
| Fidelity Fund | |
| compensation from | 2.49, 5.54, 6.91 |
| Fines | |
| ordered by Tribunal | 2.46 |
| Firms see also Incorporated legal practices | |
| complaints against | 4.29-4.37 |
| Foreign lawyers | |
| complaints against | 1.12 |
| Health Care Complaints Commission | 4.79, 7.8 |
| Incorporated legal practices see also Firms | |
| legislation introducing | 1.12, 3.45, 4.30, 4.31 |
| misconduct and | 3.5 |
| Independent regulation | 7.10 |
| of legal profession, calls for | 7.14 |
| Initiating complaints see also Time limits | |
| generally | 2.2-2.8 |
| role of Legal Services Commissioner and Councils | 2.20-2.22 |
| Investigation of complaints | |
| complaints arising during (additional) | 2.55, 4.40-4.44 |
| conducting the investigation | 2.23-2.26 |
| decision to investigate | 2.21 |
| independent investigators | 4.38-4.39 |
| necessity for formal investigation | 4.45-4.47 |
| process discussed in judgments | 1.13-1.15 |
| Investigative powers (of Legal Services Commissioner and Councils) | |
| compelling practitioners to co-operate | 4.72-4.82 |
| service of notice requiring co-operation | 4.87, 4.88 |
| waiving the solicitor client lien | 4.82-4.86 |
| Investigators | |
| independent, appointed by Legal Services Commissioner | 4.38, 4.39 |
| Joinder | |
| of proceedings in Tribunal | 6.19 |
| Judges see also Judicial officers | |
| to chair Tribunal | 6.6, 6.7, 6.104 |
| Judicial officers | |
| complaints against | 2.14 |
| Law Society Council see Councils | |
| Law Society of New South Wales see also Councils; Professional Conduct Committees; Professional Standards Department | |
| audit of activities funded by Statutory Interest Account | 1.8 |
| role of in regulatory system | 1.2, 7.11, 7.13, 7.14 |
| Lawyers see Complaints against lawyers; Legal practitioners | |
| Legal Aid Commission | |
| internal complaints-handling | 2.58 |
| Legal education see Education | |
| Legal practitioners see also Barristers; Complaints against lawyers; Conveyancers; Notaries; Solicitors | |
| membership of Tribunal | 2.14-2.17 |
| types of complaints against | 6.4-6.7 |
| Legal Profession Act 1987 (NSW) see also Table of Legislation | |
| amendments to Part 10 | 1.12 |
| commencement of Part 10 | 1.7 |
| contravention of | 3.41-3.47 |
| legal challenges to Part 10 | 1.13 |
| Legal Profession Advisory Council | 3.45 |
| Legal Profession Reform Act 1993 (NSW) see also Table of Legislation | |
| review of | 1.9-1.11 |
| Legal professional privilege see Client legal privilege | |
| Legal Services Commissioner | |
| conducting an investigation | 2.23-2.27, 2.55, 4.38-4.59, 4.72-4.88 |
| duty to accord procedural fairness | 4.60-4.71 |
| establishment of | 1.6 |
| notification of decisions of | 4.68-4.71 |
| powers after investigation | 2.28-2.32, 5.1-5.74 |
| review of Council decisions | 2.33-2.36, 5.75-5.86 |
| right to appear in Supreme Court | 6.123-6.125 |
| role upon receiving a complaint | 2.20-2.22 |
| supervisory role | 2.27, 5.75, 6.133 |
| transfer of complaints to | 4.89-4.93 |
| Legal Services Division of the Administrative Decisions Tribunal see also Administrative Decisions Tribunal; Tribunal | |
| abolition of old Legal Services Tribunal | 1.12 |
| establishment of | 1.12 |
| Licensed conveyancers see Conveyancers | |
| Liens see Solicitor client liens | |
| Magistrates see Judicial officers | |
| Mediation | |
| adjournment of Tribunal proceedings for | 6.18 |
| compulsory | 5.34-5.48 |
| nature of, in current system | 5.30-5.33 |
| of consumer disputes | 2.21, 2.37-2.39, 5.25-5.29 |
| reference to, on review by Legal Services Commissioner | 2.35 |
| Mediators | |
| complaints against | 2.14 |
| Medical practitioners see also Health Care Complaints Commission; Medical Practice Act 1992 (NSW) in the Table of Legislation | |
| regulation of | 3.42 |
| Misconduct see also Professional misconduct; Unsatisfactory professional conduct | |
| advertising and | 3.29-3.32 |
| contravention of Act, Regulations or practice rules, and | 3.41-3.46 |
| failure to disclose costs and | 3.18-3.28 |
| necessity of two categories | 3.37-3.40 |
| relationship to negligence | 3.8-3.17 |
| National Competition Policy Review | |
| conducted by New South Wales Attorney General’s Department | 1.9 |
| in relation to application of rules of evidence in Tribunal | 6.41 |
| National practising certificates | |
| complaints about holders of | 1.12 |
| Natural justice see Procedural fairness | |
| Negligence | |
| dealing with, in regulatory system | 1.2, 6.93 |
| relationship to misconduct | 3.8-3.17 |
| role of courts in deciding claims | 2.57, 6.91 |
| New South Wales Bar Association see Bar Association, New South Wales | |
| New South Wales Law Reform Commission | |
| review of regulatory system in 1993 | 1.4-1.6 |
| New Zealand | |
| handling complaints against lawyers | 7.23 |
| Northern Territory | |
| advertising of legal services | 3.31 |
| complaints against firms | 4.35 |
| contravention of Act, Regulation or practice rules | 3.43 |
| co-operating with investigations | 4.78 |
| definitions of misconduct | 3.15 |
| dismissal of complaint because of good record of practitioner | 5.12 |
| handling complaints against lawyers | 7.19 |
| time limit for complaints | 4.21 |
| Notaries see also Legal practitioners | |
| complaints against | 1.12, 2.14 |
| Notification | |
| of decisions of the Legal Services Commissioner or Councils | 4.68-4.71 |
| Offences | |
| reference of, to relevant law enforcement or prosecution bodies | 5.63-5.65, 7.8 |
| Office of the Director of Public Prosecutions see Director of Public Prosecutions, Office of | |
| Ombudsman see also Australian Banking Industry Ombudsman; Telecommunications Industry Ombudsman Scheme | |
| in England and Wales | 7.22 |
| in Queensland and Tasmania | 7.19 |
| proposals for Legal Services Ombudsman in New South Wales | 1.5 |
| Orders for costs see Costs in the Tribunal | |
| Performance Audit Report | |
| implementation of | 1.12 |
| into activities funded by the Statutory Interest Account | 1.8 |
| Practice Rules see also Conduct Rules | |
| contravention of | 3.41-3.46 |
| Practising certificates see also National Practising Certificates; Roll of practitioners | |
| cancellation of | 2.46, 6.101 |
| other restrictions on | 2.46, 6.101 |
| practising without | 3.4 |
| Practitioners see Legal practitioners | |
| Procedural fairness | 1.15, 4.44, 4.47, 4.60, 4.71 |
| consequences of non-compliance with procedural requirements | 4.94-4.104 |
| rules of evidence and | 6.36, 6.44, 6.47, 6.49, 6.50 |
| whistleblowing and | 3.36 |
| Professional Affairs Director see also Bar Association, New South Wales | |
| role of, in investigations | 2.26 |
| Professional Conduct Committees see also Bar Association, New South Wales; Law Society of New South Wales | |
| Bar Association, investigations by | 2.26 |
| Law Society, investigations by | 2.25 |
| Professional misconduct see also Misconduct; Threshold requirement | |
| advertising and | 3.32 |
| complaint may be about | 2.7, 2.8 |
| contravention of Act, Regulation or practice rules, and | 3.41-3.46 |
| definitions | 3.3-3.6 |
| negligence and | 3.8-3.17 |
| Professional Standards Department see also Law Society of New South Wales | |
| investigations by | 2.25 |
| Protected disclosures see Whistleblowing | |
| Public notaries see Notaries | |
| Public Purpose Fund | 1.8 |
| costs orders met from | 2.50, 6.78, 6.80, 6.84-6.90 |
| fines paid to | 2.46 |
| Queensland | |
| advertising of legal services | 3.31 |
| complaints against firms | 4.35 |
| co-operation with investigations | 4.78 |
| definitions of misconduct | 3.15 |
| handling complaints against lawyers | 7.19 |
| non-disclosure of costs | 3.26 |
| time limits for complaints | 4.21 |
| Records | |
| access to, of disciplinary action | 6.126-6.133 |
| Referees | |
| complaints against | 2.14 |
| Regulation of professions see Co-regulation; Independent regulation; Self regulation | |
| Reprimands | |
| by Legal Services Commissioner or Councils | 2.31, 5.16-5.22 |
| by Tribunal | 2.46 |
| following review by Legal Services Commissioner | 2.35 |
| review of Council’s decision to impose | 5.78-5.80 |
| Review | |
| by Legal Services Commissioner of Council decisions | 2.33-2.36, 5.75-5.86 |
| referral to costs assessment during | 5.71-5.74 |
| Roll of practitioners | |
| fitness to remain on | 3.3 |
| removal from by consent | 6.26-6.35 |
| removal from | 2.46 |
| Supreme Court and | 2.57 |
| Rules see Conduct Rules; Practice Rules | |
| Self regulation | 7.3-7.5 |
| Service requirements | |
| for notice requiring co-operation with investigation | 4.87, 4.88 |
| Solicitor client liens | 4.83-4.86 |
| Solicitors see Law Society of New South Wales; Legal Practitioners | |
| Solicitors’ Rules see Practice Rules | |
| South Australia | |
| advertising of legal services | 3.31 |
| complaints against firms | 4.35 |
| co-operation with investigations | 4.78 |
| definitions of misconduct | 3.14 |
| distinct investigative stage | 5.6, 5.7 |
| handling complaints about lawyers | 7.19 |
| reporting offences | 5.64, 5.65 |
| time limits for complaints | 4.21 |
| State Revenue | |
| disclosure of information to Commissioner of | 1.12 |
| Statutory Interest Account see also Public Purpose Fund; Trust accounts | |
| audit of activities funded by | 1.8 |
| Striking off see Roll of practitioners | |
| Supreme Court of New South Wales | |
| appeals from Tribunal Appeal Panel | 2.54 |
| appeals from Tribunal | 6.110-6.122 |
| inherent jurisdiction with respect to practitioners | 2.57, 6.100, 6.115, 6.120, 6.121 |
| right of Legal Services Commissioner to appear in | 6.123-6.125 |
| summary jurisdiction regarding compliance with undertakings | 5.51 |
| Tasmania | |
| advertising of legal services | 3.31 |
| client legal privilege | 4.53 |
| complaints against firms | 4.35 |
| contravention of Act, Regulation or practice rules | 3.43 |
| co-operation with investigations | 4.78 |
| definitions of misconduct | 3.14 |
| disclosure of estimated costs | 3.26 |
| handling complaints against lawyers | 7.19 |
| mediation | 5.28 |
| threshold for referral | 3.53 |
| time limits for complaints | 4.21 |
| Taxation see Australian Taxation Office | |
| Telecommunications Industry Ombudsman Scheme | 7.9 |
| Terms of reference | 1.1, 1.2 |
| Test cases see Advisory opinions | |
| Threshold requirement | |
| for reference of misconduct to the Tribunal | 2.28-2.32, 2.40, 2.48, 3.1, 3.48-3.54, 6.71, 6.75 |
| review of Council’s decision that threshold was not met | 5.81-5.83 |
| Time limits | |
| for additional complaints | 4.40 |
| for claiming compensation | 2.10 |
| for complaints | 2.5, 2.6, 4.2-4.28 |
| for referral to costs assessment | 5.67-5.70, 5.74 |
| for transfer of complaints to Councils | 4.92, 4.93 |
| Transfer of complaints (between Legal Services Commissioner and Councils) | |
| review of decisions to transfer | 4.89-4.91 |
| transfer outside of time limit | 4.92, 4.93 |
| Tribunal | 6.1-6.133 |
| access to Tribunal orders | 6.126-6.133 |
| adjournment of proceedings for mediation | 6.18 |
| advisory opinions | 6.71-6.77 |
| appeals from | 2.51-2.53, 6.104-6.125 |
| commencing proceedings in | 2.43 |
| compensation to consumers | 2.49, 6.91-6.97 |
| compensation to practitioners | 6.98, 6.99 |
| composition of | 2.41, 6.4-6.7 |
| costs orders | 1.12, 2.50, 6.78-6.90 |
| decisions of | 2.45-2.48 |
| directions hearings | 6.21-6.25 |
| evidence, application of rules of | 6.36-6.50 |
| function not investigative | 5.2-5.8 |
| hearings in public | 6.51-6.70 |
| hearings before | 2.44 |
| joinder of proceedings | 6.19 |
| other orders | 6.100-6.103 |
| parties before | 2.42 |
| practice rules in | 6.8-6.35 |
| proposals for in 1993 | 1.5 |
| publication of names of parties and witnesses | 6.63-6.69 |
| review of Council decision not to refer to | 5.81-5.83 |
| threshold for reference of misconduct to | 2.28, 2.32, 2.40, 3.1, 3.48-3.54, 6.71, 6.75 |
| Tribunal Appeal Panel | |
| appeals from | 2.54, 6.110 |
| appeals to | 2.51, 2.53, 6.105-6.110 |
| composition of | 2.52 |
| Trust Account Funds, Solicitors’ see Public Purpose Fund | |
| Trust Accounts see also Statutory Interest Account | |
| defalcations from | 3.4 |
| negligence and | 3.10 |
| Undertakings see Enforceable undertakings | |
| Unsatisfactory professional conduct see also Misconduct; Threshold requirement | |
| advertising and | 3.32 |
| complaint may be about | 2.7, 2.8 |
| contravention of Act, Regulation or practice rules, and | 3.41-3.46 |
| definition | 3.2, 3.6 |
| failure to disclose costs and | 3.24 |
| negligence and | 3.8-3.17 |
| Victoria see also Victorian Legal Ombudsman | |
| advertising of legal services | 3.31 |
| client legal privilege | 4.53 |
| complaints against firms | 4.35 |
| contravention of Act, Regulations or rules of practice | 3.43 |
| co-operation with investigations | 4.77, 4.78 |
| costs in Tribunal | 6.81-6.83 |
| definitions of misconduct | 3.14 |
| disclosure of estimated costs | 3.26 |
| review of complaints system by Department of Justice | 1.19, 7.20 |
| threshold for referral to Tribunal | 3.53 |
| time limits for complaints | 4.21 |
| Wales | |
| handling complaints about lawyers | 7.22 |
| Western Australia | |
| advertising of legal services | 3.31 |
| complaints against firms | 4.35 |
| co-operation with investigations | 4.78 |
| definitions of misconduct | 3.15 |
| distinct investigative stage | 5.4, 5.5 |
| handling complaints about lawyers | 7.21 |
| time limits for complaints | 4.21 |
| Whistleblowing | |
| protection of whistleblowers | 3.33-3.36 |
| Withdrawal of complaints against lawyers | 2.9 |
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