Barwick v Law Society of New South Wales [2000] HCA 2

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, KIRBY AND CALLINAN JJ

ROSS GARFIELD BARWICK APPELLANT

AND

LAW SOCIETY OF

NEW SOUTH WALES & ORS RESPONDENTS

Barwick v Law Society of New South Wales [2000] HCA 2

3 February 2000

S25/1999

ORDER

1. Appeal allowed.

2. Set aside the declarations and order made by the Court of Appeal of New South Wales on 16 July 1998 and, in place thereof, order that the second respondent be prohibited from proceeding with a hearing of the allegations particularised in the Information filed on 30 September 1996 and the Amended Information filed on 24 July 1997 in Proceedings 38 of 1996.

3. Application for special leave to cross-appeal dismissed.

4. First respondent to pay the costs of the appellant in this Court and in the Court of Appeal.

On appeal from the Supreme Court of New South Wales

Representation:

P L G Brereton SC with D W Phillips for the appellant (instructed by Eakin McCaffery Cox)

G C Lindsay SC for the first respondent (instructed by Raymond John Collins)

No appearance for the second and third respondents

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Barwick v Law Society of New South Wales

Legal practitioners – Disciplinary proceedings – Requirement for investigation of complaints – Institution of proceedings by filing of informations – Jurisdiction and powers of Legal Services Tribunal – Complaints initiated outside statutory period – Power of Legal Services Tribunal to vary informations to include conduct occurring outside statutory period.

Statutes – Construction – Mandatory versus directory – Legislative purpose – Course of enactment of legislation – Successive drafts of Bill – Whether permissible to consider.

Words and phrases – "complaints" – "made" – "initiated".