[1980] VR 151
AB v LEWIS
SUPREME COURT OF VICTORIA
FULLAGAR, J
21 August 1979
[1980] VR 151
Administrative law — Solicitor — Secretary of Law Institute sending notice of
intention to cancel practising certificate — Whether a "decision" — Administrative Law Act 1978 (No. 9234), s3.
The definition of a "decision" in s3 of the Administrative Law Act 1978 does
not include either, on the one hand, a notice of intention to cancel a
practising certificate sent by the Secretary of the Law Institute of Victoria
pursuant to s84 of the Legal Profession Practice Act 1958 or, on the other
hand, a conclusion that a notice could or should be sent.
The applicant, a practising solicitor, received a letter from the Secretary of
the Law Institute of Victoria wherein notice was given that the Secretary
intended to cancel the applicant's practising certificate unless within seven
days the applicant notified the Secretary that he required the Law Institute
Council to hold a full inquiry.
The applicant elected to have a full inquiry before the council and later
applied for an order to review pursuant to the Administrative Law Act 1978
claiming that he was a "person affected by a decision" within s3.
Continue Reading This Report
[1980] VR 151
Best Value
Digital Subscription
$45/mo
or $450/yrSAVE $90