Buckley v Council of the Law Society of New South Wales [2021] NSWCATOD 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Buckley v Council of the Law Society of New South Wales [2021] NSWCATOD 197 Hearing dates: 25 October 2021 Date of orders: 03 December 2021 Decision date: 03 December 2021 Jurisdiction: Occupational Division Before: The Hon J Boland AM, Deputy President Decision: (1) The time for compliance by the Council of the Law Society of New South Wales with s 58(1)(b) of the Administrative Decisions Review Act 1997 (NSW) is extended to 29 January 2022. (2) The Summons issued on 20 July 2021 addressed to the Council of the Law Society of New South Wales is set aside. (3) The application for the issue of a Summons addressed to the Proper Officer, Facebook Australia is dismissed. (4) The Council of the Law Society of New South Wales may file and serve any written submissions in respect of costs by 17 December 2021. (5) Mr Nathan Buckley may file and serve any written submissions in respect of costs by 29 January 2022. (6) The Council of the Law Society of New South Wales may file and serve written submissions in reply in respect of costs by 4 February 2022. (7) The matter is listed for directions in the Legal Services List on 2 February 2022 at 9.30am to fix hearing dates for the review. Catchwords: OCCUPATIONS – Legal Practitioners – misconduct and discipline – unsatisfactory professional conduct – review of findings of Professional Standards Committee – whether proper disclosure under s 58(1)(b) of Administrative Decisions Review Act 1997 (NSW) – application to set aside Summons – application for issue of Summons Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: AB v Law Society of New South Wales [2018] NSWSC 1975 Australian Prudential Regulation Authority v VBN and Others (2005) 88 ALD 403; [2005] FCA 1868 Bristol Custodians Limited v Chief Commission of State Revenue [2012] NSWADTAP 44 Council for the New South Wales Bar Association v Archer (2008) 72 NSWLR 236; [2008] NSWCA 164 Donaghy v Council of the Law Society of New South Wales (No 1) [2012] NSWADT 185 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 Lucas Industries v Hewitt (1978) 18 ALR 555 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALD 224; (2004) 207 ALR 12 National Employers' Mutual General Insurance Association Ltd v Waind & Hill (1978) 1 NSWLR 372 Patel and anor v Minister for Immigration and Border Protection and Others (2015) 145 ALD 566; [2015] FCAFC 22 Re Confidential and Australian Prudential Regulation Authority (2005) 91 ALD 435; [2005] AATA 1264 Re Palmer and Minister for the Capital Territory (1978) 23 ALR 196 Re Spicer Axle Structural Components Australia Pty Ltd and Secretary, Department of Industry, Tourism and Resources (2005) 83 ALD 104; [2005] AATA 77 Re Wertheim and Department of Health (1984) 7 ALD 121 Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Category: Procedural rulings Parties: Nathan Buckley (Applicant) Council of the Law Society of New South Wales (Respondent) Representation: Counsel: P d'Assumpcao (Applicant) K Richardson SC and R J Pietriche (Respondent)