Wyvill v Law Society Northern Territory [2019] FCA 2050

Wyvill v Law Society Northern Territory [2019] FCA 2050

Section 496 of the Legal Profession Act 2006 (NT) provides a comprehensive and mandatory scheme requiring the Law Society to commence and pursue disciplinary proceedings in the Tribunal upon completion of the investigation; section 554 preserves the Supreme Court's inherent jurisdiction but does not grant the Law Society a discretion to commence or remove such proceedings to the Supreme Court or the Federal Court. Certiorari (to remove) is obsolete and not available as a discretionary remedy in these circumstances. Issues of parliamentary privilege in one ground of complaint should be raised and determined in the Tribunal, not as a separated issue in the Federal Court.

Parties
Applicant: Alistair Wyvill SC; First Respondent: Law Society Northern Territory; Second Respondent: Legal Practitioners Disciplinary Tribunal established by s 669 of the Legal Profession Act 2006 (NT); Third Respondent: Statutory Supervisor under the Legal Profession Act 2006 (NT); Fourth Respondent: Paul Gerard Maher
Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Application for Declarations and Orders (further Amended Originating Application) / Judgment After Final Hearing
Outcome
Application dismissed with costs
Legal Topics
Disciplinary Proceedings, Inherent Jurisdiction, Parliamentary Privilege, Certiorari, Jurisdiction of Law Society, Transfer or Removal of Proceedings
Administrative Law Statutory Interpretation Privilege Disciplinary Proceedings Inherent Jurisdiction Parliamentary Privilege Certiorari Jurisdiction of Law Society +1 more

Case Brief

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Parties

Alistair Wyvill SC

Applicant

Law Society Northern Territory

First Respondent

Legal Practitioners Disciplinary Tribunal established by s 669 of the Legal Profession Act 2006 (NT)

Second Respondent

Statutory Supervisor under the Legal Profession Act 2006 (NT)

Third Respondent

Paul Gerard Maher

Fourth Respondent

Procedural Posture

Application for Declarations and Orders (further Amended Originating Application) / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the Law Society Northern Territory is bound to commence and pursue disciplinary proceedings in the Tribunal or can do so in the Federal Court/Supreme Court
  2. 2 Whether the Federal Court may make orders removing the disciplinary proceedings from the Tribunal to itself (via certiorari or inherent jurisdiction)
  3. 3 Whether the Law Society or Tribunal can consider a ground of complaint relating to alleged advice to make a statement in Parliament (parliamentary privilege)

Ratio Decidendi

Section 496 of the Legal Profession Act 2006 (NT) provides a comprehensive and mandatory scheme requiring the Law Society to commence and pursue disciplinary proceedings in the Tribunal upon completion of the investigation; section 554 preserves the Supreme Court's inherent jurisdiction but does not grant the Law Society a discretion to commence or remove such proceedings to the Supreme Court or the Federal Court. Certiorari (to remove) is obsolete and not available as a discretionary remedy in these circumstances. Issues of parliamentary privilege in one ground of complaint should be raised and determined in the Tribunal, not as a separated issue in the Federal Court.

Court Disposition

Application dismissed with costs

Orders

  • The further amended originating application filed on 30 May 2019 be dismissed.
  • The applicant pay the first respondent's costs.