Practitioner D3 v ACT Civil and Administrative Tribunal [2018] FCA 1454

Practitioner D3 v ACT Civil and Administrative Tribunal [2018] FCA 1454

It was overwhelming, for reasons advanced by the Law Society and based on its statutory role, procedural involvement, and interest in the orders under challenge, that the Council of the Law Society of the ACT should have been joined as a respondent to the proceeding under r 1.32 of the Federal Court Rules 2011 (Cth); accordingly, joinder was ordered and costs of the joinder application awarded against the applicant.

Jurisdiction
Australia
Judgment Date
14 September 2018
Procedural Posture
Application for Joinder / Interlocutory / Pre Trial
Outcome
Joinder application granted; costs of joinder application ordered against applicant; applicant's interlocutory application dismissed; Attorney-General for the ACT recognised as intervener.
Legal Topics
['joinder of Parties' 'professional Discipline of Solicitors' 'orders by Consent' 'intervention in Proceedings']
['administrative Law' 'practice and Procedure' 'professional Discipline'] ['joinder of Parties' 'professional Discipline of Solicitors' 'orders by Consent' 'intervention in Proceedings']

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Procedural Posture

Application for Joinder / Interlocutory / Pre Trial

Legal Issues

  1. 1 ['Whether the Council of the Law Society of the ACT should be joined as a party to the proceeding' 'Appropriateness of costs order against applicant for resisting joinder' 'Whether joinder is necessary for complete and final determination of the issues']

Ratio Decidendi

It was overwhelming, for reasons advanced by the Law Society and based on its statutory role, procedural involvement, and interest in the orders under challenge, that the Council of the Law Society of the ACT should have been joined as a respondent to the proceeding under r 1.32 of the Federal Court Rules 2011 (Cth); accordingly, joinder was ordered and costs of the joinder application awarded against the applicant.

Court Disposition

Joinder application granted; costs of joinder application ordered against applicant; applicant's interlocutory application dismissed; Attorney-General for the ACT recognised as intervener.

Orders

  • ['Pursuant to r 1.32 of the Federal Court Rules 2011 (Cth), the Council of the Law Society of the ACT be joined as a party to the proceeding.' 'The Council of the Law Society of the ACT be designated as the first respondent.' 'The respondent (ACAT) be redesignated as the second respondent.' 'The applicant pay the...