If not for a jurisdictional issue, a man would have continued to press his serious allegations of professional misconduct by three lawyers.
Johny Chi’s chances at having disciplinary action commenced against three lawyers were dashed by the NSW Civil and Administrative Tribunal (NCAT), which found it lacked the jurisdiction to hear and determine the administrative review application.
The allegations concerned alleged conduct during District Court proceedings, where the lawyers acted for an insurer in relation to a disputed claim resulting from a motor vehicle accident.
After the complaint was closed by the NSW Law Society, the NSW Legal Services Commissioner refused a request for internal review because she did not consider it appropriate to do so.
In submissions before the tribunal, Chi argued the commissioner’s decision was final in nature and had direct legal consequences, having “effectively extinguished his ability to have serious allegations of professional misconduct … properly investigated”.
Chi said the Administrative Decisions Review Act 1997 provided the tribunal with the jurisdiction, particularly given he was an “interested person” as he was “directly and adversely affected” by the decision.
He added the commissioner’s refusal to review was a denial of procedural fairness, a failure to consider probative evidence, and an improper exercise of power contrary to the Uniform Law.
In response, the commissioner referred to provisions in the NCAT Act, the Administrative Decisions Review Act, and the Uniform Law to contend the tribunal did not have jurisdiction for Chi’s application.
Under the Uniform Law, the commissioner said three things would be required: a decision made under two sections of the Uniform Law, including a compensation order for more than $10,000, and the applicant seeking the review is the “respondent lawyer”.
The commissioner said Chi was not “a person entitled under enabling legislation” to make the administrative review application.
Tribunal president Justice Lea Armstrong agreed with the commissioner’s submissions and was satisfied the application should be dismissed for want of jurisdiction.
“There is nothing contained in ‘local regulations’ that would enable [the tribunal] to decide the Administrative Review Application,” Justice Armstrong said.
The case: Chi v NSW Legal Services Commissioner [2025] NSWCATOD 104.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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