If the matter proceeds to a formal hearing, our skilled advocates will provide expert representation. We will present your case, cross-examine witnesses, and make persuasive arguments to the tribunal, ensuring your side of the story is heard effectively.
Specialist Lawyers for Professional Misconduct Hearings in Sydney
Protecting Your Career and Reputation
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have successfully defended professionals across various fields in misconduct hearings, protecting their registrations, careers, and reputations. Our history of positive outcomes demonstrates our commitment to robust and strategic defence.
Specialist Disciplinary Expertise
Our team possesses in-depth knowledge of the procedures and regulations of professional bodies like AHPRA, the Legal Services Commissioner, NESA, and more. We navigate these complex systems to protect your rights.
Personalised Defence Strategy
We understand that every allegation is unique. Our lawyers take the time to understand the specifics of your situation, tailoring a defence strategy to address the complaint and achieve the best possible outcome for you.
Strategic & Proactive Representation
We provide proactive advice from the first notice of a complaint through to the final hearing. Our goal is to manage the process effectively, often resolving matters before they escalate to a formal tribunal.
Professional Misconduct: Hearings We Handle
HEALTHCARE PROFESSIONALS
We represent doctors, nurses, dentists, psychologists, and other allied health practitioners in matters before AHPRA and associated professional boards.
LEGAL PROFESSIONALS
Our lawyers provide expert defence for solicitors and barristers facing investigations and disciplinary action by the Legal Services Commissioner and other regulatory bodies.
TEACHERS & EDUCATORS
We defend teachers and educators against complaints and misconduct allegations before tribunals such as the NSW Education Standards Authority (NESA).
FINANCIAL & ACCOUNTING PROFESSIONALS
We represent accountants, financial advisors, and auditors in investigations and hearings initiated by bodies like ASIC, CPA Australia, and Chartered Accountants ANZ.
LAW ENFORCEMENT & PUBLIC SERVANTS
Our firm has extensive experience representing police officers and public sector employees in internal investigations, reviews, and disciplinary proceedings.
OTHER REGULATED PROFESSIONS
Our expertise covers a wide range of regulated professions, including real estate agents, architects, and engineers, providing comprehensive legal services to protect their professional standing.
Protecting Your Livelihood: How Our Lawyers Can Help
At O’Brien Criminal and Civil Solicitors, our professional disciplinary team understands that your career is on the line. Disciplinary proceedings can be complex and stressful, but we can help you by:
Responding to Complaints and Investigations
We will draft strategic, carefully worded responses to the initial complaint and manage all correspondence with the investigating body. Our goal is to frame your case positively from the outset and protect you from making any inadvertent admissions.
Preparing Submissions and Evidence
Our lawyers will meticulously analyse the allegations, gather crucial evidence, and prepare comprehensive written submissions on your behalf. This includes sourcing expert reports and witness statements to build a robust defence for your case.
Representation at Hearings and Tribunals
Meet Our Professional Disciplinary Law Team
With over a decade of experience, our professional disciplinary law team has made us one of Australia’s leading firms in this area. Led by firm founder and Principal Solicitor, Peter O’Brien, our dedicated team has represented professionals in tribunals and hearings across the country.
Our lawyers include Accredited Specialists who have undergone rigorous assessments to demonstrate their expertise in their chosen area of law.
Take the next step with confidence. Contact O’Brien Criminal & Civil Solicitors to speak with our Law Society Accredited Specialists and receive expert legal guidance tailored to your professional misconduct matter.
The Professional Misconduct Hearing Process
1. Free Initial Consultation
If you have received a complaint or notice of investigation, contact us for a confidential consultation. Our lawyers will assess your situation, explain your rights and options, and discuss a clear path forward.
2. Case Analysis & Strategy Development
Your lawyer will meticulously review the allegations and evidence, developing a strategic defence aimed at achieving the most favourable outcome.
3. Communication & Preparation
We will handle all communications with the investigating body on your behalf. We keep you informed at every stage and thoroughly prepare you for any interviews or hearings.
4. Hearing & Resolution
Our lawyers will provide expert representation at any formal hearing or tribunal, arguing your case persuasively. We will work tirelessly to resolve the matter, whether through negotiation, a formal hearing, or an appeal.
Remember: Facing a professional misconduct hearing can be daunting. Contact our experienced Sydney lawyers today for strategic advice and strong representation to safeguard your career and reputation.
What to Do if You're Facing a Professional Misconduct Allegation
Receiving a notice of a complaint can be daunting, but taking the right steps is crucial to protecting your career. A specialist lawyer can build a strong defence against allegations.
When You Receive a Notice
- Do Not Respond Immediately: Avoid the temptation to immediately defend yourself in writing or over the phone. Do not make any admissions. Any response should be carefully considered with legal advice.
- Gather All Documentation: Collect the formal notice, any related correspondence, and other documents relevant to the complaint.
- Collect Evidence:Gather any evidence that supports your claim, such as photographs, medical records, and contact information of any witnesses.
- During the Investigation
- Cooperate Through Your Lawyer: Let your lawyer manage all communications with the investigating body. This ensures your rights are protected and that information is provided strategically.
- Maintain Confidentiality: Do not discuss the allegations with colleagues, on social media, or in any public forum. This is a private matter between you, your lawyer, and the professional board.
- Adhere to Any Conditions: If any interim conditions or restrictions are placed on your practice, you must follow them precisely. Your lawyer can advise you on these and seek to have them varied if appropriate.
General Tips for All Disciplinary Proceedings
- Act Promptly
- Strict time limits often apply for responding to notices and submissions. Acting quickly allows your lawyer to build the strongest possible case.
- Understand the Process
- Your lawyer will guide you through the legal process, explain the specific allegations, and advise on potential outcomes and costs.
Remember: You don’t have to face a misconduct hearing alone. The expert lawyers at O’Brien Criminal & Civil Solicitors will guide you through every stage of the process — providing clear advice, strong representation, and unwavering support to protect your reputation and career.
Remember: You don’t have to face a misconduct hearing alone. The expert lawyers at O’Brien Criminal & Civil Solicitors will guide you through every stage of the process, providing clear advice, strong representation, and unwavering support to protect your reputation and career.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs
What is professional misconduct?
Professional misconduct is when a professional's conduct falls significantly below the standard expected by the public and their peers. It is more serious than "unsatisfactory professional conduct," which usually involves a failure to maintain reasonable competence and diligence.
Examples of professional misconduct can include :
Gross negligence or incompetence
Dishonest or fraudulent behaviour
Breaches of trust or confidentiality
Inappropriate relationships with clients or patients
Criminal convictions relevant to the profession
Failure to adhere to the profession's code of conduct
In NSW, each profession (like law, medicine, or teaching) has its own regulatory body and legislation that defines these terms precisely.
How long do I have to respond to a complaint?
You must act quickly. Strict time limits apply when responding to a complaint or a notice of investigation. For instance, a tribunal hearing may be scheduled just 21 days after you are notified. Failing to respond in time can have serious consequences for your case. It is critical to seek legal advice as soon as you receive a notification to ensure all deadlines are met.
What are the possible outcomes of a misconduct hearing?
The outcomes vary depending on the severity of the conduct. A disciplinary tribunal's goal is to protect the public, not to punish the practitioner. Potential penalties can include :
A caution or reprimand
Imposing conditions on your registration or license
Requiring you to complete further education or training
A fine (for example, up to $30,000 for health practitioners)
Suspending your registration for a specific period
Cancelling your registration, preventing you from practising
Do I have to attend the hearing?
While you have the right to attend your hearing, the specific requirements can vary. Hearings may be conducted in person or by video conference. You can attend alone, with a support person, or with legal representation . Given the formality and complexity of the proceedings, having an experienced lawyer represent you is highly recommended to manage the process and present your case effectively.
What evidence do I need to defend myself?
A strong defence relies on solid evidence. Your lawyer will help you gather and prepare crucial documents, which may include:
Your detailed written account of the events
Relevant client, patient, or business records
Emails, letters, and other correspondence
Witness statements from colleagues or other involved parties
Expert reports to support your position
Proof of any relevant training or professional development you have undertaken
Will my name and the decision be made public?
Often, yes. Many regulatory bodies, including AHPRA and the Legal Services Commissioner, publish disciplinary decisions on their websites. This is done to maintain public confidence and transparency. In some cases, hearings may be held privately if the evidence is confidential, but the final outcome is usually made public after any appeal period has expired.
What's the difference between a complaint to a professional body and a lawsuit?
These are two separate processes:
A professional complaint is an administrative process handled by a regulatory body like AHPRA or the Legal Services Commissioner. Its purpose is to investigate your conduct against professional standards and determine if disciplinary action is needed to protect the public. It does not result in financial compensation for the complainant.
A civil lawsuit is a legal action taken in a court to seek financial compensation for damages or harm caused by alleged negligence or misconduct.
You can face both a professional complaint and a civil lawsuit arising from the same incident.
Can I appeal a decision from a disciplinary tribunal?
Yes, there is usually a right to appeal a tribunal's decision. However, strict time limits apply—often around 20 or 28 business days from when you receive the decision . An appeal is not a complete re-hearing of your case; it must be based on specific grounds, such as a legal or procedural error. The appeals process is complex, and it is vital to have legal advice to determine if you have grounds for an appeal.
How long will the disciplinary process take?
The timeline varies significantly depending on the complexity of the case, the specific regulatory body, and how quickly evidence can be gathered. An investigation can take several months, and if the matter proceeds to a tribunal, the entire process can last from 12 to 24 months or even longer. Many cases are resolved through negotiation before a final hearing, which can shorten the timeline. Your solicitor can give you a more realistic estimate based on your specific situation.
Civil Law Case Studies
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Suing NSW Police for Excessive Force: O’Brien Criminal & Civil Solicitors successfully represented John*
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Our client, Derek*, a young Aboriginal man, successfully sued the State of New South
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In a major legal triumph for civil liberties, the New South Wales Supreme Court
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Our client, Rachel*, has courageously held the State of NSW accountable for the abuse
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- October 15, 2025
Sexual Abuse by Police Officer: Brave survivor receives justice after suffering abuse by a
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