New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 129

129 Show cause procedure for cancellation of local practising certificate following foreign regulatory action

(1) This section applies if the appropriate Council is satisfied that:

(a) foreign regulatory action has been taken in relation to a local legal practitioner, and

(b) no order referred to in section 130 (1) (b) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to it.

(2) The Council may serve on the practitioner a notice stating that the Council proposes to cancel his or her local practising certificate unless the practitioner shows cause to the Council why his or her practising certificate should not be cancelled.

(3) The Council must afford the practitioner a reasonable opportunity to show cause why his or her practising certificate should not be cancelled.

(4) If the practitioner does not satisfy the Council that the practising certificate should not be cancelled, the Council may cancel the certificate.

(4A) The Council must, as soon as practicable, give the practitioner an information notice about its decision to cancel the practising certificate.

(5) The practitioner may appeal to the Supreme Court against a decision of the Council to cancel the practising certificate.

(6) The Supreme Court may make any order it considers appropriate on the appeal.