Listings of Urgent RLD Interim Order Applications
New Summons Format
Appointment of Specialist Retail Valuers
Legal Profession Act 2004
A new way to pay filing fees




Listings of Urgent RLD Interim Order Applications

Applications for Urgent Interim Orders under the Retail Leases Act1994 will be listed for callover at 9.30am on the RLD directions days.

At the callover the Tribunal Member will ask the parties for an estimate of the length of time that will be required to hear the application. The member will then stand the matter down in the list and encourage the parties to negotiate suitable orders by consent and/or narrow the issues in dispute. If the parties agree they can approach the member to make the consent orders during the directions list.

If the parties cannot agree the member will hear the application for interim orders at a convenient time during the day. This will usually be at the end of the directions list. The parties may ask the member to specify a time that the hearing will not take place before.


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New Summons Format

The Tribunal has introduced a new summons format.

The new Summons form (Form 28) has the capacity to be used as a summons:

1. to produce
2. to give evidence
3. to produce and give evidence.

Applicants for summons should remove the parts of the form that do not apply, and for 1 and 3 above, attach a schedule of things to be produced.

Please note that documents in the wrong format will be rejected.


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Appointment of Specialist Retail Valuers

Amendments to the Retail Leases Act 1994 (RLA) commenced on 1 January 2006. The definition of retail tenancy claim now includes an application for the appointment by the Tribunal of a specialist retail valuer under sections 19 or 31 of the Act.

An application for the appointment of a specialist retail valuer may only be made if the lease of the premises involved is governed by the RLA. The party to the lease who intends to apply should endeavour to make sure of this before approaching the Tribunal.

Parties to an application for appointment of a specialist retail valuer to determine the current market rent of leased premises under s 19(1A) or s 31(1A) of the RLA are referred to Practice Note 20 which sets out the procedure under which the appointment of a specialist retail valuer will be made.

For more information about the Tribunal's Retail Leases Division please see the Tribunal's Retail Leases Division Brochure available on the Tribunal's website or from the Registry.

To apply for the appointment of a specialist Retail Valuer the new Appointment of a Specialist Retail Valuer Form should be submitted.



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Legal Profession Act 2004

The Legal Profession Act 2004 commenced on 1 October 2005.

Among the changes introduced by this new legislation are new definitions for different categories of lawyer and new definitions of ‘associate’ and ‘principal’ (sections 5-7).

There are also changes to the definitions professional misconduct and unsatisfactory professional conduct (sections 496-498).

The principal ways in which the new Act affects practice and procedure in the Tribunal includes:

• new proceedings for original decisions where an application may be made for the imposition or variation of conditions on a practising certificate pending the determination of certain criminal proceedings (sections 51 and 225)

• applications may be made under s 70(4) by the holder of a local practising certificate for removal of a suspension imposed following a show cause event under section 68 of the Act.

• various decisions of the Legal Services Commissioner, Council of the New South Wales Bar Association or Council of the Law Society of New South Wales may now be brought to the Tribunal for review. The procedure for review established by Chapter 5 of the Administrative Decisions Tribunal Act 1997 is applicable to this new jurisdiction. The new categories of reviewable decision which the Tribunal may review on application by the person affected include:
  
  • refusal of approval, or approval subject to conditions, by a Council for the employment of a lay associate who is a disqualified person (section 17(4));
  • a decision by the Commissioner or a Council to refuse an application for a local practising certificate, or to suspend or cancel such a certificate following investigation of a show cause event;
  • a reprimand or a compensation order made by the Commissioner or a Council under section 540(2) or section 545(4) following a determination that the Tribunal would be reasonably likely to find the relevant practitioner guilty of unsatisfactory professional conduct, though not professional misconduct.

• a finding of professional misconduct where the application has alleged unsatisfactory professional conduct or vice versa (section 562);
• conditions being imposed on the practising certificate of any practitioner;
• removing the distinction between public and private reprimands;
• raising the amounts of the maximum fines to $75,000 for professional misconduct and $10,000 for unsatisfactory misconduct;
• changes to the provision and content of compensation order (sections 571-575);
• changes to the provision and content of costs orders made by the Tribunal (sections 566).
  
  

• where the Tribunal has made a decision following review of a costs assessor’s determination relating to a costs order that the Tribunal has made in any exercise of jurisdiction conferred on it;
• any decisions of the Tribunal of a class prescribed by the regulations.

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• facsimile
• telephone
• in person at the Registry counter