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QUEENSLAND
SOLICITORS DISCIPLINARY TRIBUNAL RULES
WITH
AN INDEX
(Compiled to 1 August, 1990)
This reprint has been prepared under the Authority of the Parliamentary Counsel's Office
BY AUTHORITY
S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1990
SOLICITORS DISCIPLINARY TRIBUNAL RULES
ANALYSIS OF CONTENTS
1. Short title 2. Interpretation
3. Secretary's responsibility 4. Service of Notice
5. Chairman to convene meeting 6. Directions made by Tribunal 7. Minutes
8. Appropriate rules of practice and procedure shall apply 9. The Tribunal may waive compliance with rules
QUEENSLAND
SOLICITORS DISCIPLINARY TRIBUNAL RULES
[Reprinted as at 1 August, 1990]
[Rules published Gazette 7 March 1987, pp. 1035-1038.]
ORDER IN COUNCIL
At the Executive Building, Brisbane, the fifth day of March, 1987 Present:
His Excellency the Governor in Council
HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of section 6M of the Queensland Law Society Act 1952-1985, hereby sanctions the making of the Rules of Practice for the Solicitors Disciplinary Tribunal which have been made and submitted by the said Tribunal and which are set forth in the Schedule hereto.
And the Honourable the Minister for Justice and Attorney-General is to give the necessary directions herein accordingly.
E. J. BIGBY, Clerk of the Council
Schedule
RULES OF PRACTICE FOR THE SOLICITORS DISCIPLINARY TRIBUNAL
1. These rules of practice may be cited as the Solicitors Disciplinary Tribunal Rules.
2. In these rules, unless the contrary intention appears-
"Act" means the Queensland Law Society Act 1952-1985;
"Chairman" means the chairman for the time being of the Tribunal established under the Act and shall include any person temporarily performing the duties of the chairman;
"President" means the president of the Society and shall include any person temporarily performing the duties of the president;
2 r.3 SOLICITORS DISCIPLINARY TRIBUNAL RULES r.6
"Secretary" and "Secretary of the Council" means such person as the Council of the Society may from time to time appoint pursuant to section 5 (8) of the Act;
"Society" means the Queensland Law Society Incorporated duly incorporated under the Act;
"Tribunal" means the Solicitors Disciplinary Tribunal established under the Act.
3. ( 1) The secretary shall be responsible for the custody of all papers and records of the Tribunal.
[3.]* (2) Any notice to or communication with the Tribunal may be given to or served upon the secretary.
4. All references, charges or complaints made before or to the Tribunal by· the Council shall be instituted by the secretary preparing a form of Notice in accordance with the form set forth in Form 1 of the Schedule hereto or in some like form as the circumstances may require and completing all particulars therein save and except the date and time of the proposed inquiry or hearing, and the secretary shall then send the said Notice to the chairman, who shall then notify all members of the Tribunal of the receipt by him of the Form 1, and the chairman shall then
(a) fix a date and time for the hearing and insert same in the said Form 1; and
(b) return the completed form to the secretary who shall then sign the form and cause the form or a copy thereof to be served in accordance with section 6G. (2).
Service of any notice or other document shall be personal or in accordance with the rules of the society.
5. Following the service of the Notice in Form 1 on every party to a charge or other matter to be referred to the Tribunal, the chairman shall convene a meeting of the Tribunal from those members who may be available and willing to act on the date fixed for the hearing, and such persons shall constitute the Tribunal for the purpose of the hearing.
6. ( 1) In addition to the procedures set forth in section 6H of the Act, the Tribunal may, before or at the hearing of any proceedings, upon the application of any party to the proceedings or without any such application, make such direction as it sees fit as to-
(a) the discovery and inspection of documents;
(b) the giving of any further or better particulars of any charge;
(c) the procedure to be followed at the hearing;
(d) any other procedure or step with respect to the hearing of the charge the subject of the proceedings.
*Sic
r. 7 SOLICITORS DISCIPLINARY TRIBUNAL RULES r. 9 3
[6.]* (2) Any person who is a party to any proceedings before the Tribunal may make an application for directions for the purposes of subrule ( 1 )-
(a) at the hearing of those proceedings, to the Tribunal; or (b) before the hearing of those proceedings, to the Chairman
or to a person authorised by the Chairman in that behalf, who may grant or refuse the application on behalf of the Tribunal.
7. The Tribunal shall· cause minutes of all its hearings to be kept.
The minutes of the Tribunal shall consist of- (a) the charge laid before it;
(b) the affidavit material relied upon by the parties to the proceedings;
(c) the record of appearances;
(d) the record of exhibits tendered;
(e) the names of witnesses called;
(f) the findings of the Tribunal;
(g) the order made by the Tribunal; and (h) a short foim of reasons for the order made.
8. In any case or circumstances arising at any time and not provided for by these rules or by the Act, the Tribunal may order on the application of any party to the proceedings or of its own motion, that the appropriate rules of practice and procedure as set forth or referred to or provided for in the existing Rules of Court made in pursuance of the Act, in the first instance, or in the Rules of the Supreme Court of Queensland, in the second instance, shall apply.
9. The Tribunal in any particular case may extend or abridge the time allowed for the doing of any act or matter under these rules, and notwithstanding anything to the contrary contained in the rules, may, if under special circumstances it thinks fit to do so, waive compliance with any of' these rules either wholly or in part or subject to such conditions as the Tribunal thinks proper.
*Sic
4 f.l SOLICITORS DISCIPLINARY TRIBUNAL RULES f.l
Form 1
NOTICE OF CHARGE OR REFERENCE, INCLUDING NOTICE OF HEARING IN the matter of the Queensland Law Society Act 1952-1985, and in the matter of (name of practitioner, clerk or servant charged or to be investigated or whose conduct is the subject of a question or reference to the Tribunal)
PART I-NOTICE OF CHARGE OR REFERENCE (Name of secretary of the Council)
The secretary of the Council of the Queensland Law Society Incorporated
HEREBY GIVES NOTICE to the chairman of the Solicitors Disciplinary Tribunal that he requests the Tribunal to hear a Charge against or investigate a question or reference concerning
(name and address of practitioner, clerk or servant charged or to be investigated or whose conduct is the subject of a question or reference to the Tribunal)
with or regarding professional misconduct or unprofessional conduct or practice or misconduct or default in respect of a practitioner's practice by a clerk or servant employed in relation to that practice in that:
(set out details of the charge or question or reference)
AND in consequence thereof the secretary of the Council hereby issues Notice of Hearing as follows-
PART II-NOTICE OF HEARING TO: ... .
(name and address of practitioner, clerk or servant charged or to be investigated or whose conduct is the subject of a question or reference to the Tribunal)
TAKE NOTICE THAT:-
1. You are required to attend before the Solicitors Disciplinary Tribunal (hereinafter called the Tribunal) at ... .
on the day of 19 at
a.m./p.m., at which time the Tribunal will conduct an inquiry or hearing into the matter of the above charge/reference.
2. You are required to furnish to the secretary of the society at least fourteen (14) days before the day set for hearing as above set forth an address at some place within three (3) kilometres of the office of the society at which documents and notices may be forwarded to or left for you.
3. If you do not attend at the time and place set out herein then subject to the provisions of the Queensland Law Society Act 1952-1985 and the Solicitors Disciplinary Tribunal Rules (a copy of such rules is forwarded to you herewith), the Tribunal may proceed with the inquiry or the hearing in your absence.
f.l SOLICITORS DISCIPLINARY TRIBUNAL RULES f.l 5
The address of the secretary is:-
Telephone: ... at which address documents may be left for service.
Dated this day of 19
Signed: ... . Secretary of the Council
BY AUTHORITY
S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1989 104086 (Rju241) 10/89
INDEX
TO THE
SOLICITORS DISCIPLINARY TRIBUNAL RULES
Act-
meaning of term
Chairman-
application to, for directions duties of, re notice ..
meaning of term
to convene meeting of Tribunal re hearing Citation. See Short title.
Interpretation. See Meaning of terms.
Meaning of terms- Act Chairman ..
President Secretary Society Tribunal
Notice- form re service of ..
proceedings following
President- meaning of term
A
c
I
M
N
p
r. 2 .
6 (2) (b) 4.
2.
5 .
2.
2 ..
2 ..
2.
2.
2 ..
f. I ..
r. 4 ..
5 ..
2.. . .
Page
3 2 I 2
I I I 2 2 2i
4 2 2
8 INDEX
R
Rules-
short title of r. I
Tribunal may waive compliance with 9
Rules of Court-
re application of appropriate rules of practice and procedure by
order of Tribunal 8 .
s
Secretary-
may institute proceedings before tribunal in form of notice may receive notice or communication for Tribunal meaning of term
records of Tribunal to be kept by to send notice to Chairman . Secretary of the Council. See Secretary.
Short title of Rules . . Society-
meaning of term
Tribunal- directions of
application for
may waive compliance with rules meaning of term
meeting of, re hearing Chairman to convene minutes of hearings of
T
notice or communication for, may be received by Secretary re application of appropriate rules of practice and procedure records of, to be kept by Secretary
Secretary may institute proceedings before, in form of notice
BY AUTHORITY
4, f. I ..
r. 3 (2) 2.
3 (I) 4.
2
6 (I) 6 (2) 9.
2.
5 5 ..
7 3 (2) 8 . 3 (I) 4, f. I ..
S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1990
104086 (IJU241)-7/90
Page
2, 4 2 2 2 2
2
2 3 3 2 2 2 3 2 3 2 2, 4
