Taylor v Council of the Law Society of New South Wales [2020] NSWCA 273

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Taylor v Council of the Law Society of New South Wales [2020] NSWCA 273 Hearing dates: 7 October 2020 Date of orders: 3 November 2020 Decision date: 03 November 2020 Before: Macfarlan JA at [1], McCallum JA at [2], Simpson AJA at [8] Decision: 1. Appeal allowed. 2. Orders of the Civil and Administrative Tribunal of New South Wales of 13 May 2020 set aside. 3. In lieu thereof, order that the disciplinary application filed on 14 May 2019 be dismissed. 4. The respondent to pay the appellant's costs of the appeal. Catchwords: PROFESSIONS AND TRADES – lawyers – complaints and discipline – disciplinary application under Legal Profession Act 2004 (NSW) – proceedings commenced in Civil and Administrative Tribunal of New South Wales – Tribunal's jurisdiction disputed – jurisdiction contingent upon proceedings being commenced in respect of a "complaint" that was "duly made" – Council of the Law Society of New South Wales passed a resolution that a complaint "be made" – whether language of Council's resolution constituted a "complaint" – whether Council's resolution met the s 504 requirements of a "complaint" PROFESSIONS AND TRADES – lawyers – complaints and discipline – complaints made prior to commencement of the Uniform Law – transitional application of Legal Profession Act 2004 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Boensch v Pascoe [2019] HCA 49 Council of the Law Society of New South Wales v Levitt [2018] NSWCA 247 Konstantinidis v Council of the Law Society of NSW [2018] NSWCA 59 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Smethurst v Commissioner of Police [2020] HCA 14 Tasker v Fullwood [1978] NSWLR 20 Category: Principal judgment Parties: Erica Brooke Taylor (Appellant) Council of the Law Society of New South Wales (Respondent) Representation: Counsel: M Green SC/M Gaven (Appellant) H El-Hage (Respondent)