Some investigations result in discipline applications, where the Commissioner commences proceedings against the respondent in the Queensland Civil and Administrative Tribunal (QCAT) or before the Legal Practice Committee (the Committee).
Once the decision to commence disciplinary proceedings has been made, the Commissioner will file a discipline application with one of the disciplinary bodies. You will be served with a copy. Both parties will then prepare their cases. A directions hearing may be held to help determine the issues in dispute, the time required and a timetable for filing material.
The matter will be listed for hearing, and you will be notified of the hearing date. The time frame for a matter to proceed varies.
Once a matter is heard a decision will be handed down.
Following the conclusion of proceedings, orders may be made against the respondent—including costs orders.
The Commission will take the necessary steps to enforce the orders and monitor your compliance.
If you gave undertakings as part of the dismissal of the complaint or investigation matter, we will monitor your compliance with those undertakings.
Failure to comply with orders or an undertaking can result in further action.
A compensation order is made by a disciplinary body (either QCAT or the Committee). A disciplinary body may make a compensation order if it finds that your conduct was either unsatisfactory professional conduct or professional misconduct. Any compensation ordered is payable by the law practice.
Assessing a complaint
Investigation
Dismissal or discipline application
Disciplinary proceedings
