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.
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Legislation governing attorney discipline
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.