Clifton v The Council of the Law Society of New South Wales [2021] NSWSC 1048

Supreme Court New South Wales

Medium Neutral Citation: Clifton v The Council of the Law Society of New South Wales [2021] NSWSC 1048 Hearing dates: 12 August 2021 Date of orders: 12 August 2021 Decision date: 12 August 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) I order that the decision of the Council of the Law Society of NSW dated 6 August 2021 not to renew the practising certificate of David Vincent Clifton pursuant to s 81 of the Legal Profession Uniform Law (NSW) be stayed pending determination of prayer 1 of the Summons filed on 9 August 2021. (2) I order that the decision of the Council of the Law Society of NSW dated 6 August 2021 to appoint Penelope Jane Waters as manager to the plaintiff's law practice known as Clifton Legal Pty Ltd pursuant to s 334(2) of the Legal Profession Uniform Law (NSW) be stayed pending determination of prayer 2 of the Summons filed on 9 August 2021. (3) The plaintiff is to pay the costs of the motion. Catchwords: CIVIL PROCEDURE – Stay – Solicitor's practising certificate – Renewal refused and manager appointed to legal practice – Stay granted pending judicial review Legislation Cited: Legal Profession Uniform General Rules 2015 (NSW) Legal Profession Uniform Law 2014 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 Berger v Council of the Law Society of NSW (No 2) [2013] NSWSC 1131 Bryant v Commonwealth Bank of Australia (1996) 70 ALJR 306; [1996] HCA 3 Council of the Law Society of New South Wales v Clifton [2021] NSWCATOD 101 NSW Bar Association v Stevens [2003] NSWCA 95 Category: Consequential orders Parties: David Vincent Clifton (Plaintiff) The Council of the Law Society of New South Wales (Defendant) Representation: Counsel: N Beaumont SC with R Withana (Plaintiff) K C Morgan SC (Defendant)