{"id":"tas:sr-2021-038","name":"Legal Profession (Disciplinary Tribunal) Rules 2021","slug":"legal-profession-disciplinary-tribunal-rules-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"38 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182150,"registerId":"tas-tas:sr-2021-038-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These rules may be cited as the [Legal Profession (Disciplinary Tribunal) Rules 2021](/view/html/inforce/2026-04-12/sr-2021-038) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These rules take effect on 30 June 2021.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these rules –\n> \n> > ***Act*** means the [Legal Profession Act 2007](/view/html/inforce/2026-04-12/act-2007-024) ;\n> \n> > ***application*** means –\n> > \n> > > > (a) an application to the Tribunal, under [section 458](/view/html/inforce/2026-04-12/act-2007-024#GS458@EN) of the Act, in respect of a determination; or\n> > > \n> > > > (b) an application to the Tribunal, under [section 464(1)](/view/html/inforce/2026-04-12/act-2007-024#GS464@Gs1@EN) of the Act, for the hearing and determination of a complaint; or\n> > > \n> > > > (c) a referral to the Tribunal, under [section 464(2)](/view/html/inforce/2026-04-12/act-2007-024#GS464@Gs2@EN) of the Act, with a recommendation that the Tribunal make a compensation order;\n> \n> > ***notice of hearing*** means a notice served by the Tribunal under [section 467(1)](/view/html/inforce/2026-04-12/act-2007-024#GS467@Gs1@EN) of the Act in respect of an application;\n> \n> > ***relevant party*** means –\n> > \n> > > > (a) in relation to an application under [section 458](/view/html/inforce/2026-04-12/act-2007-024#GS458@EN) of the Act, the complainant or the practitioner against whom the complainant has made the complaint; and\n> > > \n> > > > (b) in relation to an application under [section 464](/view/html/inforce/2026-04-12/act-2007-024#GS464@EN) of the Act, the applicant or the respondent;\n> \n> > ***Secretary*** means the secretary to the Tribunal appointed under [section 616](/view/html/inforce/2026-04-12/act-2007-024#GS616@EN) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Form of application","content":"### 4 Form of application\n\n> > (1)  An application to the Tribunal, under [section 458](/view/html/inforce/2026-04-12/act-2007-024#GS458@EN) of the Act, in respect of a determination is to be in accordance with Form 1 in [Schedule 1](#JS1@EN) .\n> \n> > (2)  An application to the Tribunal, under [section 464(1)](/view/html/inforce/2026-04-12/act-2007-024#GS464@Gs1@EN) of the Act, to hear and determine a complaint is to be in accordance with Form 2 in [Schedule 1](#JS1@EN) .\n> \n> > (3)  A referral to the Tribunal, under [section 464(2)](/view/html/inforce/2026-04-12/act-2007-024#GS464@Gs2@EN) of the Act, with a recommendation that the Tribunal make a compensation order is to be in accordance with Form 3 in [Schedule 1](#JS1@EN) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Notice of address for service","content":"### 5 Notice of address for service\n\n> > (1)  A person who is served with a copy of an application and intends to take part in the proceedings to which the application relates is to lodge with the Secretary a notice of address for service within 8 days of being served with the copy of the application.\n> \n> > (2)  For the purposes of [subrule (1)](#GS5@Gs1@EN) , the notice of address for service is to be in accordance with Form 4 in [Schedule 1](#JS1@EN) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Procedural directions","content":"### 6 Procedural directions\n\n> > (1)  The Tribunal may give any directions, or make any orders, it considers appropriate –\n> > \n> > > > (a) in respect of –\n> > > > \n> > > > > > (i) the preparation of an application for hearing; or\n> > > > > \n> > > > > > (ii) the fair and just determination of an application; or\n> > > > > \n> > > > > > (iii) the manner in which a directions hearing is to be conducted or held and the persons who are to attend it; and\n> > > \n> > > > (b) at any stage of the application process; and\n> > > \n> > > > (c) either of its own motion or at the request of a relevant party.\n> \n> > (2)  The Tribunal may hold a directions hearing for the purpose of giving directions or making orders under [subrule (1)](#GS6@Gs1@EN) .\n> \n> > (3)  A relevant party may make a request under [subrule (1)](#GS6@Gs1@EN) by –\n> > \n> > > > (a) lodging with the Secretary a notice setting out the directions or orders sought and the grounds for seeking those directions or orders; and\n> > > \n> > > > (b) providing a copy of the notice so lodged to all other relevant parties.\n> \n> > (4)  Without affecting the generality of [subrule (1)](#GS6@Gs1@EN) , the Tribunal may give a direction, or make an order, in respect of any one or more of the following:\n> > \n> > > > (a) the simplification of, or more adequate definition of, an issue;\n> > > \n> > > > (b) the amendment of an application, or any document connected to the application, and the terms of such an amendment;\n> > > \n> > > > (c) admission of a fact or a document;\n> > > \n> > > > (d) discovery, listing, inspection and proof of a document;\n> > > \n> > > > (e) any matter which may reduce the costs of a witness attending a hearing;\n> > > \n> > > > (f) limiting the number of expert witnesses;\n> > > \n> > > > (g) the preparation and service of an affidavit;\n> > > \n> > > > (h) a timetable for taking any step or complying with any order or direction in the proceeding;\n> > > \n> > > > (i) the determination of an issue of fact before any other issue;\n> > > \n> > > > (j) the determination of a point of law before a hearing;\n> > > \n> > > > (k) the preparation and settlement of an issue;\n> > > \n> > > > (l) the revocation or variation of a previous order made under this rule.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Form of summons","content":"### 7 Form of summons\n\n> > (1)  A relevant party may request, in writing, that the Tribunal issue a summons under [section 466(1)(a)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hpa@EN) of the Act.\n> \n> > (2)  A written request under [subrule (1)](#GS7@Gs1@EN) is to include a draft of the summons requested.\n> \n> > (3)  The draft summons is to be in accordance with Form 5 in [Schedule 1](#JS1@EN) .\n> \n> > (4)  A party, at whose request a summons under [section 466(1)(a)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hpa@EN) of the Act is issued, must serve a copy of the summons on the person who is the subject of the summons.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Evidence by affidavit","content":"### 8 Evidence by affidavit\n\n> > (1)  The Tribunal may –\n> > \n> > > > (a) direct that evidence be taken by affidavit, including cross-affidavit, in accordance with [rule 9](#GS9@EN) ; and\n> > > \n> > > > (b) specify, in the direction, a timetable for the lodgement and serving of any affidavit and any notice to cross-examine the deponent of the affidavit.\n> \n> > (2)  The Tribunal is to serve all relevant parties with notice of any directions given under [subrule (1)](#GS8@Gs1@EN) .\n> \n> > (3)  If a direction is given under [subrule (1)](#GS8@Gs1@EN) regarding evidence to be taken by affidavit, a party wishing to cross-examine the deponent of an affidavit must serve on the party who lodged the affidavit a notice requiring the deponent to attend the hearing for cross-examination.\n> \n> > (4)  If the Tribunal does not specify a time for service of a notice requiring a deponent to attend a hearing, the notice must be served a reasonable time before the deponent is required to attend.\n> \n> > (5)  An affidavit must not be used in evidence unless –\n> > \n> > > > (a) the deponent of the affidavit attends in accordance with any notice served on the deponent under [subrule (3)](#GS8@Gs3@EN) in respect of the application; or\n> > > \n> > > > (b) the Tribunal makes an order exempting the deponent of the affidavit from cross-examination.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Form of affidavit","content":"### 9 Form of affidavit\n\n> > (1)  An affidavit is to –\n> > \n> > > > (a) be sworn in accordance with [rule 11](#GS11@EN) ; and\n> > > \n> > > > (b) state –\n> > > > \n> > > > > > (i) the title of the application in respect of which the affidavit is sworn; and\n> > > > > \n> > > > > > (ii) the address and occupation, or if no occupation then a description, of the deponent; and\n> > > \n> > > > (c) be expressed in the first person; and\n> > > \n> > > > (d) be divided in consecutively numbered paragraphs each of which is to contain a distinct part of the subject; and\n> > > \n> > > > (e) use only figures when referring to money or numbers; and\n> > > \n> > > > (f) contain a jurat that states the day on which, and the place at which, the affidavit was sworn; and\n> > > \n> > > > (g) be signed on each page by the person before whom the affidavit is sworn; and\n> > > \n> > > > (h) identify each annexure or exhibit by a certificate.\n> \n> > (2)  The Tribunal may accept an affidavit despite any defect or irregularity in its form.\n> \n> > (3)  If the Tribunal believes an affidavit contains material that is not relevant to the application, the Tribunal may order –\n> > \n> > > > (a) that any irrelevant material in the affidavit be struck out; or\n> > > \n> > > > (b) that the affidavit be removed from the file.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Lodgement of affidavit","content":"### 10 Lodgement of affidavit\n\n> > (1)  An affidavit, other than an answering affidavit or affidavit in reply, is not to be used during the hearing of an application unless –\n> > \n> > > > (a) it has been lodged with the Secretary; and\n> > > \n> > > > (b) a copy has been served on each party concerned at least 7 days, or such other period as determined by the Tribunal at a directions hearing in respect of the application, before the time appointed for the hearing of the application.\n> \n> > (2)  An answering affidavit or an affidavit in reply is not to be used during the hearing of an application unless it has been lodged and a copy has been served on each party concerned as soon as practicable.\n> \n> > (3)  If [subrule (1)](#GS10@Gs1@EN) or [(2)](#GS10@Gs2@EN) is not complied with, the Tribunal may –\n> > \n> > > > (a) permit the affidavit to be used on any terms as determined by the Tribunal, despite the non-compliance; or\n> > > \n> > > > (b) adjourn the application on any terms as determined by the Tribunal and allow the affidavit to be read on the adjourned hearing.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Swearing of affidavit","content":"### 11 Swearing of affidavit\n\n> > (1)  Subject to [subrule (3)](#GS11@Gs3@EN) , an affidavit sworn in the State must be sworn before any one of the following:\n> > \n> > > > (a) a Judge or Associate Judge of the Supreme Court;\n> > > \n> > > > (b) the Registrar, Deputy Registrar, Assistant Deputy Registrar or a district registrar of the Supreme Court;\n> > > \n> > > > (c) a commissioner appointed under [section 193 of the](/view/html/inforce/2026-04-12/act-1932-058#GS193@EN) [Supreme Court Civil Procedure Act 1932](/view/html/inforce/2026-04-12/act-1932-058) ;\n> > > \n> > > > (d) an officer empowered by law to administer oaths;\n> > > \n> > > > (e) a magistrate;\n> > > \n> > > > (f) a justice within the meaning of the [Justices of the Peace Act 2018](/view/html/inforce/2026-04-12/act-2018-015) ;\n> > > \n> > > > (g) an Australian legal practitioner.\n> \n> > (2)  An affidavit sworn in any place out of the State may be sworn in accordance with the [Supreme Court Rules 2000](/view/html/inforce/2026-04-12/sr-2000-008) .\n> \n> > (3)  Despite [subrule (1)](#GS11@Gs1@EN) , an affidavit is not sufficient if it is sworn before –\n> > \n> > > > (a) an Australian legal practitioner acting on behalf of the party on whose behalf the affidavit is being made; or\n> > > \n> > > > (b) the agent of such a practitioner; or\n> > > \n> > > > (c) an associate of the law practice of such a practitioner; or\n> > > \n> > > > (d) a legal practitioner associate of a law practice if the party on whose behalf the affidavit is being made is also an associate at the practice; or\n> > > \n> > > > (e) a party to the proceedings.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Rules of evidence","content":"### 12 Rules of evidence\n\n> > (1)  The Tribunal is not bound by the rules of evidence.\n> \n> > (2)  The Tribunal may inform itself of any matter in any manner it thinks fit, including any matter relevant to determining the accepted standards of practice and behaviour within the legal profession.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Recording of hearing","content":"### 13 Recording of hearing\n\n> > (1)  The Secretary is to cause an audio recording to be made of every hearing before the Tribunal, other than a directions hearing.\n> \n> > (2)  The Tribunal may direct the Secretary to cause an audio recording to be made of a directions hearing.\n> \n> > (3)  The Secretary is to make a transcript of the audio recording of a hearing relating to an application available to a relevant party to the application –\n> > \n> > > > (a) on the request of the party; and\n> > > \n> > > > (b) on payment of the cost of production of the transcript by the party.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Request for Tribunal to act","content":"### 14 Request for Tribunal to act\n\n> > (1)  A relevant party to an application may request the Tribunal to exercise its powers under [section 466(1)(a)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hpa@EN) , [(e)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hpe@EN) , [(g)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hpg@EN) or [(h)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hph@EN) of the Act in respect of the application or a hearing relating to the application.\n> \n> > (2)  The Tribunal may require a party making a request under [subrule (1)](#GS14@Gs1@EN) to undertake to pay the reasonable costs incurred by any person in complying with –\n> > \n> > > > (a) a summons issued under [section 466(1)(a)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hpa@EN) of the Act as a result of the request; or\n> > > \n> > > > (b) any requirement of the Tribunal made under [section 466(1)(e)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hpe@EN) , [(g)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hpg@EN) or [(h)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hph@EN) of the Act as a result of the request.\n> \n> > (3)  A party at whose request a requirement under [section 466(1)(e)](/view/html/inforce/2026-04-12/act-2007-024#GS466@Gs1@Hpe@EN) of the Act is made must serve a copy of the requirement on the person who is the subject of the requirement.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Tribunal may dispense with requirements","content":"### 15 Tribunal may dispense with requirements\n\n> If it appears to the Tribunal to be just to do so, the Tribunal may –\n> \n> > > (a) dispense with a requirement of these rules relating to any form, notice, affidavit, document, service, procedure or time; and\n> > \n> > > (b) vary or rescind any order or direction it has given in relation to any of those matters.","sortOrder":14},{"sectionNumber":"SCHEDULE 1 - Forms","sectionType":"part","heading":"SCHEDULE 1 - Forms","content":"# SCHEDULE 1 - Forms SCHEDULE 1 - Forms","sortOrder":15},{"sectionNumber":"Form 1 - Application to Hear M","sectionType":"division","heading":"Form 1 - Application to Hear Matter Determined by Board","content":"## Form 1 - Application to Hear M Form 1 - Application to Hear Matter Determined by Board\n\n[![graphic image](/image/LP(DT)Rules - form 1.gif)](/image/LP\\(DT\\)Rules - form 1.gif)","sortOrder":16},{"sectionNumber":"Form 2 - Application To Hear a","sectionType":"division","heading":"Form 2 - Application To Hear and Determine Complaint","content":"## Form 2 - Application To Hear a Form 2 - Application To Hear and Determine Complaint\n\n[![graphic image](/image/LP(DT)Rules - form 2.gif)](/image/LP\\(DT\\)Rules - form 2.gif)\n\n[![graphic image](/image/LP(DT) Rules - form 2 p 2.gif)](/image/LP\\(DT\\) Rules - form 2 p 2.gif)","sortOrder":17},{"sectionNumber":"Form 3 - Application for Compe","sectionType":"division","heading":"Form 3 - Application for Compensation","content":"## Form 3 - Application for Compe Form 3 - Application for Compensation\n\n[![graphic image](/image/LP(DT)Rules - form 3.gif)](/image/LP\\(DT\\)Rules - form 3.gif)","sortOrder":18},{"sectionNumber":"Form 4 - Notice of Address for","sectionType":"division","heading":"Form 4 - Notice of Address for Service","content":"## Form 4 - Notice of Address for Form 4 - Notice of Address for Service\n\n[![graphic image](/image/LP(DT)Rules - form 4.gif)](/image/LP\\(DT\\)Rules - form 4.gif)","sortOrder":19},{"sectionNumber":"Form 5 - Summons to Give Evide","sectionType":"division","heading":"Form 5 - Summons to Give Evidence","content":"## Form 5 - Summons to Give Evide Form 5 - Summons to Give Evidence\n\n[![graphic image](/image/LP(DT)Rules - form 5.gif)](/image/LP\\(DT\\)Rules - form 5.gif)\n\n[![graphic image](/image/LP(DT)Rules - form 5 p 2.gif)](/image/LP\\(DT\\)Rules - form 5 p 2.gif)\n\nThese rules were made by the Disciplinary Tribunal at a meeting held on 10 June 2021.\n\nPHILIP JACKSON SC\n\nChairperson\n\nDAVID WALLACE\n\nDeputy Chairperson\n\nCHERYL ANNE ARNOL\n\nMember\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 16 June 2021\n\nThese rules are administered in the Department of Justice.","sortOrder":20}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, this instrument appears to have remained consistent with its original intent as procedural rules for the Legal Profession Disciplinary Tribunal in Tasmania. It has been in force from 30 June 2021 with no indication of significant scope changes, though amendments are noted as possible via the Table of Amending Instruments."},"complexity_factors":["Procedural/administrative rules are inherently more structured and navigable than substantive law, reducing complexity","Operates within the broader Legal Profession Act 2007 (Tasmania) framework, requiring cross-referencing of the parent legislation","Tribunal procedures involve legal concepts (evidence, standing, jurisdiction) that may be unfamiliar to laypeople","The full text of the rules was not available in the provided document, limiting full assessment — actual rules may contain more complex provisions","Interaction with common law procedural fairness principles adds a layer of legal context","Primarily affects a narrow audience (lawyers, complainants, and the Tribunal) rather than the general public"],"plain_english_summary":"These Rules set the courtroom-style procedure for Tasmania’s Legal Profession Disciplinary Tribunal — how disciplinary matters against solicitors and barristers are run, who may appear, and how the Tribunal and Legal Profession Board manage complaints. They affect lawyers facing discipline, complainants, the Board and Tribunal staff, and matter because clear procedures protect fairness, consistency and legal validity in handling professional misconduct and unsatisfactory conduct cases."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Rules implement and detail procedural mechanisms under the Legal Profession Act 2007 (forms, service, evidence, summons, directions, recordings and administrative practice) but do not expand or curtail the Tribunal's substantive jurisdiction under the Act. They prescribe how matters are processed and the parties' procedural obligations without altering who may apply or the Tribunal's statutory powers."},"complexity_factors":["Broad procedural discretion vested in the Tribunal: power to give directions or orders at any stage and to hold directions hearings (rule 6).","Power to dispense with or vary procedural requirements and prior orders where 'just' (rule 15) increases unpredictability of strict compliance.","Flexible evidence rules: Tribunal not bound by formal rules of evidence and may inform itself as it thinks fit (rule 12) — raises uncertainty about admissibility standards.","Affidavit regime with formal requirements and swearing standards (rules 8–11) creates compliance burdens (format, jurat, who may swear) and exclusion risk if defects occur.","Hard service and lodgement timings: notice of address within 8 days of service (rule 5); primary affidavits must be served at least 7 days before hearing unless varied (rule 10).","Costs and payment obligations: Tribunal may require an undertaking to pay reasonable costs for compliance with summons or other requirements (rule 14(2)); parties pay transcript production costs on request (rule 13(3)).","Summons process requires written draft request and service obligations on requesting party (rule 7) — shifts practical effort and cost to parties who seek compulsion.","Recording practice mandates audio recording of hearings (rule 13(1)); transcripts available only on payment (rule 13(3)), which creates an access cost for parties.","Forms prescribed in Schedule 1 (forms 1–5) standardise filing but impose format compliance (rule 4), concentrating administrative burden on applicants.","Cross-jurisdictional swearing and exclusions: affidavits sworn outside the State governed by separate Supreme Court rules and certain persons cannot attest (rule 11), adding procedural complexity where parties are interstate or represented."],"plain_english_summary":"These Rules set out how the Legal Profession Disciplinary Tribunal runs its proceedings: the required forms, service and filing deadlines, how evidence (especially affidavits) is handled, summons procedure, hearing recordings, and directions powers. They apply to complainants, regulated practitioners and other persons involved in Tribunal matters and matter because they fix who must do what, when, and who pays for things like transcripts or costs undertakings."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to serve its original intended purpose as procedural rules for the Disciplinary Tribunal. The scope is appropriately limited to tribunal procedure, evidence, and case management without significant expansion into substantive disciplinary law (which remains in the parent Act)."},"complexity_factors":["15 rules plus a Schedule of forms — relatively compact for procedural rules","5 defined terms in the interpretation section, but they are straightforward and self-contained","Frequent cross-references to the Legal Profession Act 2007 (sections 458, 464, 466, 467, 616), requiring familiarity with the parent Act","Nested subrules with up to 3 levels of indentation (e.g., rule 6(1)(a)(i))","Conditional logic in rules 8 and 10 regarding affidavit evidence and cross-examination","Specific exceptions in rule 11(3) disqualifying certain persons from witnessing affidavits (5 separate disqualification categories)","General dispensing power in rule 15 provides a broad safety valve, reducing rigid complexity","Forms are prescribed but not reproduced as text in the legislative extract (referenced as images)"],"plain_english_summary":"**What this legislation does:**\n\nThese rules set out the practical \"how-to\" for running disciplinary hearings against lawyers in Tasmania. They govern the **Legal Profession Disciplinary Tribunal** — the body that hears serious complaints about lawyers' conduct.\n\n**Who it affects:**\n\n- **Lawyers** facing disciplinary action (called \"practitioners\" in the rules)\n- **Complainants** — people who have made complaints about lawyers\n- **The Tribunal itself** — giving it powers to manage hearings\n- **Witnesses** who might be summoned to give evidence\n\n**Key things the rules cover:**\n\n- **Paperwork**: Which forms to use when applying for a hearing or requesting compensation (Forms 1–5 are in the Schedule)\n- **Getting started**: If you're involved in a case, you must lodge a \"notice of address for service\" within 8 days — basically telling everyone where to send legal documents\n- **Running the hearing**: The Tribunal can give directions about evidence, timetables, expert witnesses, and cutting costs\n- **Evidence**: \n  - The Tribunal **isn't bound by strict court rules of evidence** — it can be more flexible\n  - Evidence can be given by **affidavit** (a written statement sworn to be true), with specific rules about who can witness it\n  - You can't use an affidavit in evidence unless the person who wrote it shows up for cross-examination (questioning by the other side), unless the Tribunal says otherwise\n- **Summonses**: Parties can ask the Tribunal to issue summonses forcing people to give evidence or produce documents\n- **Recordings**: Hearings are audio recorded, and parties can get transcripts if they pay for them\n- **Flexibility**: The Tribunal can waive or change almost any procedural requirement if \"it appears... to be just to do so\"\n\n**Why it matters:**\n\nThese rules balance fairness with efficiency. Lawyers facing disciplinary action could lose their livelihood, so proper process matters. But the Tribunal also needs to avoid getting bogged down in technicalities — hence the broad discretion to \"inform itself of any matter in any manner it thinks fit\" and the power to dispense with strict compliance when justice requires it."}},"importantCases":[],"_links":{"self":"/api/acts/legal-profession-disciplinary-tribunal-rules-2021","history":"/api/acts/legal-profession-disciplinary-tribunal-rules-2021/history","analysis":"/api/acts/legal-profession-disciplinary-tribunal-rules-2021/analysis","conflicts":"/api/acts/legal-profession-disciplinary-tribunal-rules-2021/conflicts","importantCases":"/api/acts/legal-profession-disciplinary-tribunal-rules-2021/important-cases","documents":"/api/acts/legal-profession-disciplinary-tribunal-rules-2021/documents"}}