XY v The Council of the Law Society of New South Wales [2021] NSWSC 1263

Supreme Court New South Wales

Medium Neutral Citation: XY v The Council of the Law Society of New South Wales [2021] NSWSC 1263 Hearing dates: 30 September 2021 Decision date: 06 October 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the plaintiff's notice of motion filed on 21 July 2021. (2) Subject to either party making a written application to my Associate within 7 days for a different order, order the plaintiff to pay the defendant's costs of the notice of motion. Catchwords: CIVIL PROCEDURE — Application for stay of decisions of The Council of the Law Society of New South Wales to suspend the plaintiff's practising certificate and appoint a manager to her legal practice until determination of the summons — Allegations of alterations to documents associated with personal injury actions which potentially, or in fact, led to money being transferred to the plaintiff — Concurrent civil and criminal proceedings — Plaintiff charged with making and using false claims assessment certificates to obtain advantage or cause disadvantage — Plaintiff not charged in relation to alleged alterations of invoices provided to litigation funder — Consideration of the "public interest" as encompassing interrelated interests and not being limited to a practitioner's clients — Presumption of innocence applies only in criminal proceedings — Discussion of the effect of admitting and denying guilt of criminal charges on disciplinary proceedings — Plaintiff's continued practice, even on conditions, would pose a risk to public and reputation of legal profession - Stay of suspension refused Legislation Cited: Crimes Act 1900 (NSW), ss 253, 254 Legal Profession Act 1987 (NSW), s 127 Legal Profession Act 2004 (NSW), ss 6, 51, 55, 225, 226 Legal Profession Uniform Law (NSW), ss 51, 77, 81, 82, 83, 84, 85, 100, 326, 327, 334 Motor Accidents Compensation Act 1999 (NSW), ss 94, 130 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Clifton v The Council of the Law Society of New South Wales [2021] NSWSC 1048 Council of the New South Wales Bar Association v Einfeld [2009] NSWCA 255; (2009) 258 ALR 768 Einfeld v R (2008) 71 NSWLR 119; [2008] NSWCCA 215 McCarthy v Law Society of New South Wales (1997) 43 NSWLR 42 Momcilovic v The Queen (2011) 245 CLR 1; [2011] HCA 34 New South Wales Bar Association v Cummins (2001) 52 NSWLR 279; [2001] NSWCA 284 New South Wales Bar Association v Evatt (1968) 117 CLR 177; [1968] HCA 20 New South Wales Bar Association v Stevens [2003] NSWCA 95 Prothonotary of the Supreme Court of NSW v P [2003] NSWCA 320 R v Einfeld [2009] NSWSC 119 Re B [1981] 2 NSWLR 372 Re Davis (1947) 75 CLR 409; [1947] HCA 53 Re Miles; Ex parte Law Society of NSW (1966) 84 WN (Pt 1) (NSW) 163 Re Veron; Ex parte Law Society of NSW (1966) 84 WN (Pt 1) (NSW) 136; [1966] 1 NSWR 511 Veghelyi v Council of the Law Society of New South Wales (1989) 17 NSWLR 669 Weaver v Law Society (1979) 142 CLR 201; [1979] HCA 35 Category: Principal judgment Parties: XY (Plaintiff) The Council of the Law Society of New South Wales (Defendant) Representation: Counsel: M Windsor SC (Plaintiff) C Webster SC / A Poukchanski (Defendant)