Once the decision to prosecute has been made, the Legal Services Commissioner will file a discipline application with either the Queensland Civil and Administrative Tribunal (QCAT) or the Legal Practice Committee (LPC).
After filing the discipline application, a copy will be served on the Respondent. The Commissioner will also send a letter to the person who made the complaint (the Complainant) informing them of the decision to prosecute, and will attach a copy of the Discipline Application.
A directions hearing may then be held once the Discipline Application is served. The purpose of the directions hearing is to:
- determine the issues in dispute
- determine the anticipated length of the hearing
- establish a timetable for when material is required to be filed.
When the Commissioner and the respondent have prepared their respective cases, the Discipline Application will be listed for hearing. The parties will then prepare for hearing.