AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 458

Application against determinations

(1)  The complainant, or the Australian legal practitioner who is the subject of the complaint, who is served with a notice of the determination of the Board in relation to a complaint may, within 21 days after the date of that determination –
(a) apply to the Tribunal or Supreme Court to have the matter to which the determination relates determined by the Tribunal or Supreme Court; and
(b) make an application to the Tribunal or Supreme Court to stay the determination pending the finalisation of the application.
(2)  For the purposes of this section, a decision of the Board to dismiss a complaint under section 433 (Summary dismissal of complaints), section 451 (Dismissal of complaint), section 454(1) (Determination of Board) or section 464A(2)(a) is a determination of the Board.
(3)  The determination of a matter pursuant to an application made under subsection (1)(a) is to be by way of a re-hearing.
(4)  The Supreme Court may determine its own practice and procedure for determining an application made to it under this section.
(5)  The Tribunal may determine an application, made to it under this section, in accordance with Part 4.7 , other than sections 464 , 466(7)(b) , 467(5)(b) and 468 , as if the application were an application made under Division 2 of that Part.
(6)  For the avoidance of doubt –
(a) an application made under this section, that was made before the commencement of the Legal Profession Amendment Act 2018 , is taken to have been validly made if the application was accepted by the Tribunal or Court to which it was made; and
(b) the determination of an application under this section by the Tribunal, before the commencement of the Legal Profession Amendment Act 2018 , is not invalid solely on the grounds that the application was determined in accordance with Part 4.7 .



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