The Council of the Law Society v Grubisa [2024] NSWCATOD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: The Council of the Law Society v Grubisa [2024] NSWCATOD 19 Hearing dates: 12 February 2024 Date of orders: 22 February 2024 Decision date: 22 February 2024 Jurisdiction: Occupational Division Before: Balla ADCJ, Principal Member Decision: The Application for Miscellaneous Matters filed on 18 September 2023 is refused. Catchwords: OCCUPATIONS – Legal practitioners – Concurrent Federal Court Proceedings – Abuse of Process – Application for Temporary Stay Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 3, 36 (1), 36 (4), 38 (1), 51, Sch 5, cl 20 Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) Evidence Act 1995 (NSW) ss 91, 93 Legal Profession Uniform Law (NSW) s 3 Cases Cited: Alexakis v Health Care Complaints Commission [2021] NSWCA 217 Ann Street Mezzanine Pty Ltd (in liq) v Beck [2009] FCA 333 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Texts Cited: Nil Category: Procedural rulings Parties: The Council of the Law Society of NSW (Applicant) Dominique Grubisa (Respondent) Representation: Counsel: K Morgan SC (Applicant)

Solicitors: Law Society of NSW (Applicant) Assure Lawyers (Respondent) File Number(s): 2022/00387737 2023/00140578 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. Ms Dominque Grubisa was admitted as a legal practitioner in New South Wales on 30 June 1994 (the Solicitor). She is the respondent to these proceedings which have been brought by the Council of the Law Society of New South Wales (the Law Society) in an Application filed on 2 May 2023 seeking a disciplinary finding that she is guilty of professional misconduct as defined in the Legal Profession Uniform Law (NSW) (Uniform Law). 2. The Solicitor was also, at the relevant time, the sole director of Master Wealth Control Pty Ltd (ACN 148 036 677) (MWC). On 15 December 2022, the Australian Competition and Consumer Commission (ACCC) commenced proceedings in the Federal Court of Australia against MWC as the first respondent and the Solicitor as the second respondent. The ACCC asserts that they made three representations which contravened sections of the Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) (ACL). The relief sought includes a declaration, orders for civil pecuniary penalties, orders for injunctive relief and disqualification orders against the Solicitor under s 248 of the ACL. 3. The matter has been listed before me for the hearing of the Solicitor's interlocutory Application for Miscellaneous Matters filed on 18 September 2023, asking for Orders the effect of which would be for this matter to be adjourned or stayed until the Federal Court proceedings have been determined. 4. The Solicitor's Application was supported by affidavit evidence. The deponent was not required for cross examination.