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[pmo]

Under section 71 of the NCAT Act (Civil and Administrative Tribunal Act 2013) knowingly giving false or misleading information to the Tribunal carries is a maximum penalty of 12 months imprisonment. Quote:

71 False or misleading statements

A person must not, in any proceedings or application to the Tribunal, provide any information, or make any statement, to the Tribunal knowing that the information or statement is false or misleading in a material respect.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

I have irrefutable documentary proof that a solicitor did that on at least 5 occasions in relation to action that I took in the Tribunal against our owners corporation in February 2015.  

In July 2015 I referred the matter to the Legal Services Ombudsman who in turn referred it to the Law Society of NSW. They told me that they do not have the power to take action in relation to breaches of s.71. They said all they can investigate is breaches of Solicitor Conduct Rules, which they are supposedly still doing 9 months later.

I referred the matter to NCAT last July. They did not reply. I referred it to them again later in July and got no reply. I referred it to them  in August and got no reply. I referred it to them recently. They finally replied to say I have to seek my own legal advice.

I did that and was told that it is up to NCAT to prosecute. What do you know! 

No prizes for guessing which occupation NCAT officers started out in.

I have referred the matter to the NSW ombudsman but have received no reply.

It is now more than 12 months since the initial false information was given by the solicitor and hence it is beyond the statute of limitations that applies.

So it would seem that solicitors can knowingly lie to NCAT in written submissions and there is no penalty.

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