Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11:

1. On 26 June 2025 the NSW Civil and Administrative Tribunal (NCAT) received an administrative review application from Mr J Chi (the Applicant), naming the Office of the NSW Legal Services Commissioner as the respondent party, in respect of a decision of the NSW Legal Services Commissioner (the Commissioner) made on 12 March 2025 to close a complaint under s 277(1)(a) of the Legal Profession Uniform Law 2014 (NSW) (the Uniform Law) on the basis that complaint was misconceived or lacking in substance. The complaint related to a lawyer and law practice that the Applicant had had some dealings with.

2. The application (the Administrative Review Application) was listed for a hearing on jurisdiction on 7 August 2025. The Applicant, and the Commissioner, had the opportunity to provide written submissions and evidentiary material (if any) as to NCAT's jurisdiction. The Applicant was made aware that he would need to identify jurisdiction in the Occupational Division of NCAT which would allow NCAT to review the Commissioner's decision of 12 March 2025, and that if he failed to identify NCAT's jurisdiction, his application may be dismissed.

3. In my view, NCAT does not have jurisdiction to hear the Administrative Review. Accordingly, the proceedings are dismissed for want of jurisdiction, with no order as to costs.

Background

4. The Applicant lodged a complaint about a lawyer, and the law practice where the lawyer is employed, with the Office of the NSW Legal Services Commissioner (OLSC). The law practice in question (a community legal service) declined to provide legal services to the Applicant because he did not meet certain eligibility criteria, his legal matter fell outside the scope of the law practice's expertise, and due to the Applicant's formal complaints about the law practice to the OLSC (in addition to another complaint, not presently relevant).

5. By letter dated 12 March 2025, the Commissioner advised the Applicant of her decision to close the complaint under s 277(1)(a) of the Uniform Law on the basis that the allegations made by the Applicant were misconceived and/or lacking in substance.

6. On NCAT's Administrative Review Application Form lodged with NCAT on 26 June 2025, the Applicant seeks an administrative review of the Commissioner's decision on 12 March 2025 to close the complaint. He did not identify the orders he sought from NCAT in that application.

The hearing on jurisdiction

7. Both the Applicant and the Commissioner participated in the hearing.

8. In addition to the Administrative Review Application, the Applicant relies on written submissions handed up at the hearing on 7 August 2025, together with an email dated 18 November 2024 that he received from the lawyer/law practice the subject of the Applicant's complaint. The Commissioner did not object to him relying on that material and those written submissions. The Applicant made oral submissions at the hearing.

9. The Commissioner relies on written submissions on jurisdiction dated 31 July 2025, as supplemented by oral submissions at the hearing.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19888568454775597f5e0e33)

Disclaimer: Curated by HT Syndication.