Council of the Law Society of New South Wales v McGlinchey [2021] NSWCATOD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v McGlinchey [2021] NSWCATOD 147 Hearing dates: 6 September 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Occupational Division Before: Hennessy ADCJ, Deputy President Decision: (1) Leave is granted for Ms McGlinchey to amend the application for a permanent stay by adding, in the alternative, an application to dismiss the proceedings as vexatious under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The application for a permanent stay of the proceedings is refused. (3) The application to summarily dismiss the proceedings as vexatious is refused. (4) The Council of the Law Society of NSW is to file and serve any application for costs and any submissions as to whether a hearing on any application for costs should be dispensed with, within 7 days of the date of these reasons for decision. (5) Ms McGlinchey is to file and serve any written submissions in reply and any submissions as to whether a hearing on any application for costs should be dispensed with, within 7 days of receiving any submissions from the Council of the Law Society of NSW. Catchwords: PRACTICE AND PROCEDURE – permanent stay – where respondent to application for disciplinary orders seeks a permanent stay of the proceedings based on delay and missing documents – principles applicable to the granting of a permanent stay in proceedings brought under Legal Profession Uniform Law (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Berger v Council of the Law Society of New South Wales [2019] NSWCA 119 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Carr v Council of the Law Society of New South Wales [2020] NSWCA 276 Council of the Law Society of NSW v Clarke [2017] NSWCATOD 142 Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Health Care Complaints Commission v Kirby [2019] NSWCATOD 47 Jago v District Court of NSW [1989] HCA 46; (1989) 168 CLR 23 Strickland v Commonwealth Director of Public Prosecutions [2018] HCA 53 Sudath v Health Care Complaints Commission [2012] NSWCA 171 The Queen v Davis [1995] FCA 529 (23 June 1995); 81 A Crim R 156 Texts Cited: Nil Category: Procedural rulings Parties: Council of the Law Society of New South Wales (Applicant) Karen Eve McGlinchey (Respondent) Representation: Counsel: P A Maddigan (Applicant)