#24406

Hi Pamster,

You sound like another ideal candidate for Jimmy to use as a precedent for poor NCAT performance.

One thing for sure is that the common law principles re ‘privilege’ cannot be circumvented by Tribunal Members. But if your solicitor served the document on the opposing party then ‘privilege’ may have been lost?

Generally, documents in Tribunal hearings as a whole are considered ‘privilege’ in that they cannot be used ‘against’ parties in other proceedings… But it sounds like the member wasn’t happy with your solicitor not knowing how the Tribunal works rather than anything else.

Still, an idiot is an idiot. Or in this case… a Clown!!

If your matter is serious enough, you should consider a court of law! It could be worth joining the Tribunal under the ‘Hardiman’ precedents too if they have breached their obligations or indeed acted in a prejudice manner that would amount to an abuse of process.

Personally speaking, costs should NOT be awarded in Tribunal proceedings regarding ‘internal’ disputes between the OC and it’s members… It’s fraud on the minority in my opinion, no matter which side of the fence you sit on. Courts can and should award costs though.

I’d love to know who your solicitor is as he sounds great (honest at least). What area of law does he practice?