Achieving a just outcome in a disciplinary action
10 Jul 2018
- Dispute Resolution
A high profile Canberra organisation was the subject of disciplinary action and unfair treatment, being fined a six-figure amount by its industry regulator for alleged breaches of the governing legislation. The organisation sought help from Dennis Martin and Allistar Twigg of Snedden Hall & Gallop (SHG Lawyers).
After initially refusing to provide any evidence on which it relied, the regulator was forced to do so by our legal team. After examining the materials provided by the regulator as well as other material obtained by subpoena just before the hearing, Dennis and Allistar’s initial suspicions that the regulator’s case was flawed and would fail were confirmed.
When the regulator persisted with its intended course of action, Dennis and Allistar advised our client to seek a merits review of the regulator’s decision. The organisation instructed SHG Lawyers to do so. Using the additional strategy of instituting judicial review in the Supreme Court, we were successful in having the significant fine withdrawn, additional licence conditions removed, and a reprimand substituted.
SHG Lawyers continues to work with the organisation with a view to rectifying the defects in the governing legislation.
Dennis Martin and Allistar Twigg can help you with any disciplinary and administrative dealings with regulators to ensure that you obtain fair and proper treatment and a just outcome.