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The hearings process
Learn how the Tribunal determines complaints made against registered attorneys in Australia and New Zealand.
The Trans-Tasman IP Attorneys Disciplinary Tribunal (the Tribunal) hears and determines disciplinary proceedings commenced by the Board against intellectual property (IP) attorneys in Australia and New Zealand.
The Tribunal's role
When a complaint is made against an Australian patent or trade marks attorney, or a New Zealand patent attorney, the Board will investigate the complaint and decide whether to commence disciplinary proceedings against the attorney.
Once disciplinary proceedings are commenced, the Tribunal will investigate the matter and decide:
- if the attorney has committed an offence of unsatisfactory professional conduct or professional misconduct
- whether to impose a penalty.
Penalties include:
- suspending or cancelling an attorney's registration
- additional training or supervision.
The Australian Patent Regulations 1991 (the Regulations) govern the establishment, functions, powers, and membership of the Tribunal.
20.61 Establishment of the Trans-Tasman IP Attorneys Disciplinary Tribunal
20.61A Functions of Disciplinary Tribunal
20.62 Membership of the Disciplinary Tribunal etc.
20.63 Eligibility for appointment as Tribunal member
The Regulations also govern the role of the Board in disciplinary matters and detail proceedings before the Tribunal.
20.33 Role of Board in disciplinary proceedings
20.34 Board may require attorney to cooperate with investigation
20.35 Commencing disciplinary proceedings
20.36 Panel of the Disciplinary Tribunal to be constituted
20.36A Meetings of Panel of Disciplinary Tribunal
20.36B Procedure of Panel of Disciplinary Tribunal
20.36C Panel Chair unavailable to complete hearing
20.36D Member other than the Panel Chair unavailable to complete hearing
20.36E No member ordinarily resident in same country as registered patent attorney subject to proceedings
20.37 Notification of hearing of disciplinary proceedings
20.38 Hearings to be public except in special circumstances
20.39 Representation before Panel of Disciplinary Tribunal
20.40 Summoning of witnesses
20.41 Offences by persons appearing before a Panel of Disciplinary Tribunal
20.42 Protection of certain persons
20.43 Decision of Panel of Disciplinary Tribunal
20.44 Penalties--professional misconduct
20.45 Penalties--unsatisfactory professional conduct
20.46 Finding that attorney was unqualified at time of registration
20.47 Finding that registration obtained by fraud
20.48 Matters that may be considered in determining penalties
20.49 Findings of Panel of Disciplinary Tribunal
20.61 Establishment of the Trans-Tasman IP Attorneys Disciplinary Tribunal
20.61A Functions of Disciplinary Tribunal
20.62 Membership of the Disciplinary Tribunal etc.
20.63 Eligibility for appointment as Tribunal member
The Regulations also govern the role of the Board in disciplinary matters and detail proceedings before the Tribunal.
20.33 Role of Board in disciplinary proceedings
20.34 Board may require attorney to cooperate with investigation
20.35 Commencing disciplinary proceedings
20.36 Panel of the Disciplinary Tribunal to be constituted
20.36A Meetings of Panel of Disciplinary Tribunal
20.36B Procedure of Panel of Disciplinary Tribunal
20.36C Panel Chair unavailable to complete hearing
20.36D Member other than the Panel Chair unavailable to complete hearing
20.36E No member ordinarily resident in same country as registered patent attorney subject to proceedings
20.37 Notification of hearing of disciplinary proceedings
20.38 Hearings to be public except in special circumstances
20.39 Representation before Panel of Disciplinary Tribunal
20.40 Summoning of witnesses
20.41 Offences by persons appearing before a Panel of Disciplinary Tribunal
20.42 Protection of certain persons
20.43 Decision of Panel of Disciplinary Tribunal
20.44 Penalties--professional misconduct
20.45 Penalties--unsatisfactory professional conduct
20.46 Finding that attorney was unqualified at time of registration
20.47 Finding that registration obtained by fraud
20.48 Matters that may be considered in determining penalties
20.49 Findings of Panel of Disciplinary Tribunal
How does The Tribunal differ from the Board?
The Board is an independent body that regulates IP attorney profession in Australia and New Zealand. They have a range of responsibilities related to the training and qualifications of attorneys, developing guidelines and the Code of Conduct.
The Board investigates complaints and decides whether to commence proceedings against the attorney.
Once the Board commences proceedings and sets out the charges against an IP attorney, the Tribunal hears and determines the proceedings.
The Tribunal structure
The Tribunal consists of at least 3 members. All Tribunal members are appointed by the Australian Minister for Industry and Science.
When a matter is referred to the Tribunal, a Tribunal Panel is constituted consisting of:
- a Panel Chair
- 2 other members of the Tribunal selected by the Panel Chair.
If proceedings are commenced against an attorney who is ordinarily resident in Australia or New Zealand, at least one of the Panel members must be a resident of the same country as the attorney.
The current Tribunal
The current Tribunal members are:
- Siobhan Ryan (President), barrister, VIC
- Ian Finch, legal practitioner, NZ
- Stuart Green, legal practitioner, NSW
- Benjamin Fitzpatrick, barrister, VIC
If the Board have advised your complaint has been referred to the Tribunal and you would like an update, please contact the Tribunal Secretary.
Contact the Tribunal Secretary
If you would like to make a complaint for the Board to consider or to enquire about the complaints process, please contact the TTIPA Secretary.
