EJK v Council of the Law Society of New South Wales [2020] NSWCATOD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJK v Council of the Law Society of New South Wales [2020] NSWCATOD 109 Hearing dates: On the papers; submissions closed 27 July 2020 Date of orders: 16 September 2020 Decision date: 16 September 2020 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing is dispensed with. 2. The application is dismissed. Catchwords: STATUTORY CONSTRUCTION – inspection of documents by third parties – rule 42 of the Civil and Administrative Tribunal Rules 2014 – where non-party seeks permission from registrar to inspect public access documents in registry relating to proceedings in the Tribunal – whether Tribunal has power to direct the Registrar to determine an application for access in a particular way- non-disclosure order – whether order should be varied or revoked Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Family Law Act 1975 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: BJQ v Children's Guardian (No 2) [2016] NSWCATAD 291 Bradley v Senior Constable Chilby [2020] NSWSC 145 Clarke v Nursing and Midwifery Council of New South Wales [2020] NSWCATOD 58 Council of the Law Society of New South Wales v Searle [2019] NSWCATOD 70 Texts Cited: NCAT Policy 4: Access to, and Publication of, Information Derived from Proceedings in the Tribunal (October 2019) Category: Procedural and other rulings Parties: EJK (Applicant) Council of the Law Society of New South Wales (First Respondent) Deborah Searle (Second Respondent) Representation: Counsel: P A Maddigan (First Respondent)