LLB197 Lecture Notes - Lecture 2: Substance Abuse, Dementia, Prothonotary
TOPIC 2: Disciplinary Process
‘CONSUMER MATTERS’
-Section 269 Uniform Law
- Mediation – s 287, 288 Uniform Law – must attempt to resolve informally, may require parties to
mediate.
-Includes ‘Costs disputes’ ($100K total or
-$10K dispute limitation – s 291).
‘DISCIPLINE MATTERS’ (s. 270 Uniform Law)
-Professional behaviour complaint – professional misconduct, unsatisfactory professional conduct.
-NB. Difference btw negligence & misconduct
TIME LIMITS complaints (s. 272 Uniform Law ):
-Costs disputes – 60 days after costs become payable or 30 days after request for itemised bill complied
with (s. 272(3)) but subject to extensions if made within 4 mths of that period and fair and just and
proceedings to recover not commenced (s. 272(2)).
-Other complaints – within 3 years of alleged conduct (272(1)), subject to extension if just and fair to
deal with it or it involves prof. misconduct and in public interest.
Clyne v New South Wales Bar Assn – two classes of rules; conventional and fundamental
Rationale for penalties upc pm: public protection, reputation of profession, rehabilitation of practitioner.
Kennedy v Council of Incorporated Law Institute of NSW – honesty and fair dealing
(1939) 13 ALJ 563 at 564
“would be reasonably regarded as disgraceful or dishonourable by [the
practitioner’s] professional brethren of good repute and competency”
– Allinson v General Council of Medical Ed and Regn [1984] - text
Section 297 – Professional misconduct;
1) a) …unsatisfactory professional conduct of a lawyer
b) conduct of a lawyer whether occurring in connection with the practice of law or occurring otherwise
UPC Penalties;
-caution
-reprimand
-apology
-redo the work at nil or reduced costs
-fine up to $25,000
-restrictions on prac cert
If complaint is a ‘consumer matter’, OLSC may resolve by making a determination it feels is ‘fair
and reasonable in the circumstances’ (s. 290) including:
- Caution
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