PQ (a pseudonym) v The Law Society of New South Wales (No 3) [2021] NSWSC 420

Supreme Court New South Wales

Medium Neutral Citation: PQ (a pseudonym) v The Law Society of New South Wales (No 3) [2021] NSWSC 420 Hearing dates: 22 April 2021 Decision date: 26 April 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) The separate question ordered on 19 March 2021 is answered as follows: Q. Is the Council of the first defendant, by reason of s 464(3) of the Legal Profession Uniform Law (NSW), taken to have refused the plaintiff's application made on 10 November 2020 for a variation of his Australian practising certificate (to authorise him to practice as a principal of a law practice) by reason of not having determined the application within 90 days? A. No. (2) Make no order as to costs. Catchwords: OCCUPATIONS — Legal practitioners — Qualifications and admission — Practising certificates CIVIL PROCEDURE — Determination of separate question — Whether decision subject to appeal or review under s 100 of the Legal Profession Uniform Law (NSW) — Whether a designated local regulatory authority, by reason of s 464(3) of the Legal Profession Uniform Law (NSW), is taken to have refused an application to vary an Australian practicing certificate by not determining the application within 90 days Legislation Cited: Aged Care Act 1997 (Cth) Civil Liability Act 2002 (NSW), s 12 Legal Profession Uniform General Rules 2015 (NSW), r 111 Legal Profession Uniform Law (NSW), ss 43, 44, 47, 74, 99, 100, 464 Legal Profession Uniform Law Application Act 2014 (NSW), s 11 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Aged Care Standards and Accreditation Agency Ltd v Administrative Appeals Tribunal (2009) 181 FCR 515; [2009] FCA 1514 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297; [1981] HCA 26 PQ (a pseudonym) v The Law Society of New South Wales [2021] NSWSC 258 Taylor v Owners – Strata Plan No 11564 (2014) 253 CLR 531; [2014] HCA 9 Veghelyi v Council of the Law Society of New South Wales (1989) 17 NSWLR 669 Veltman and Legal Practice Board [2005] WASAT 334 Texts Cited: D Pearce, Statutory Interpretation (9th ed, 2019, LexisNexis) Category: Procedural rulings Parties: PQ (a pseudonym) (Plaintiff) The Law Society of New South Wales (First Defendant) The College of Law Limited (Second Defendant) Office of the Legal Services Commissioner (Third Defendant) Council of the Law Society of New South Wales (Fourth Defendant) Representation: Counsel: In person (Plaintiff) K Richardson SC / J Entwisle (First and Fourth Defendants) J Curtin (Second Defendant) S Andrews (Third Defendant)