Legal Services Commissioner v Keddie & ors [2011] NSWADT 114

Legal Services Commissioner v Keddie & ors [2011] NSWADT 114

The Tribunal has jurisdiction under s 554 of the Legal Profession Act 2004 to join the disciplinary applications for a joint hearing where there is significant commonality of facts, law and transaction without undue procedural prejudice to respondents; evidence in each matter will be evidence in all, subject to s 136 of the Evidence Act 1995 to protect against unfairness.

Jurisdiction
Australia
Judgment Date
01 June 2011
Procedural Posture
Interlocutory Application / Joinder Hearing; Directions Made for Future Hearing
Outcome
Applications for joinder granted. Evidence in each matter to be evidence in all, subject to s 136 Evidence Act. Applications listed for report and directions.
Legal Topics
['joinder of Proceedings' 'disciplinary Proceedings' 'procedural Fairness' 'consolidation of Hearings']
['legal Profession' 'administrative Law'] ['joinder of Proceedings' 'disciplinary Proceedings' 'procedural Fairness' 'consolidation of Hearings']

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Procedural Posture

Interlocutory Application / Joinder Hearing; Directions Made for Future Hearing

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to order joinder of disciplinary applications under s 554 Legal Profession Act 2004 and/or s 67(4) Administrative Decisions Tribunal Act 1977' 'Whether the evidence in each joined matter can be evidence in all matters joined' 'Whether joinder would prejudice respondents or deny procedural fairness']

Ratio Decidendi

The Tribunal has jurisdiction under s 554 of the Legal Profession Act 2004 to join the disciplinary applications for a joint hearing where there is significant commonality of facts, law and transaction without undue procedural prejudice to respondents; evidence in each matter will be evidence in all, subject to s 136 of the Evidence Act 1995 to protect against unfairness.

Court Disposition

Applications for joinder granted. Evidence in each matter to be evidence in all, subject to s 136 Evidence Act. Applications listed for report and directions.

Orders

  • ['Application for Original Decision in the matters of Keddie, Roulstone and Scroope will be joined for joint hearing.' 'Evidence in each matter will be evidence in all matters subject to further objection under s 136 Evidence Act.' 'Applications to be listed for report and further directions on 7 September 2011.']