New South Wales Bar Association v Tedeschi (No 3) [2003] NSWADT 174

CITATION: New South Wales Bar Association v Tedeschi (No 3) [2003] NSWADT 174 DIVISION: Legal Services Division APPLICANT PARTIES: Council of the New South Wales Bar Association RESPONDENT Mark Alfred Guido Tedeschi FILE NUMBER: 012040 HEARING DATES: 20/06/2003 SUBMISSIONS CLOSED: 06/20/2003 DATE OF DECISION: 07/22/2003

BEFORE: Robberds LP - Judicial Member; Officer D QC - Judicial Member; Elliott K - Member APPLICATION: Costs - Publication MATTER FOR DECISION: Costs and publication Administrative Decisions Legislation Amendment Act 1997 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Legal Profession Act 1987 Legal Profession Reform Act 1993 Legal Profession (Amendment) Act 1989 Social Security Act 1947 Minister for Community Services and Health v Thoo (1988) 78 ALR 307; Holpitt Pty Limited v Varimu Pty Limited (1991) 103 ALR 684; Springfield Nominees Pty Limited v Bridgelands Securities Limited (1992) 110 ALR 685; Boscolo v Secretary Department of Social Security (1999) 90 FCR 531; Jones v Dunkel (1959) 101 CLR 298; Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705; CASES CITED: R v Moffitt (1990) 20 NSWLR 114; Beadle v Director-General of Social Security (1985) 60ALR 225; Secretary Department of Family and Community Services v Chamberlain (2002) 68 ALD 357; Groth v Secretary Department of Social Security (1995) 40 ALD 541; Raybos Australia Pty Limited v Jones (1985) 2NSWLR47 John Fairfax & Sons Limited v Police Tribunal of New South Wales (1986) 5NSWLR 465; Tedeschi v Legal Services Commissioner (1997) 43 NSWLR 20 APPLICANT REPRESENTATION: P Boulten, barrister RESPONDENT P G Brereton, D Perrignon, barrister ORDERS: 1 Payment from the Public Purpose Fund to the barrister of the barrister's costs as agreed or assessed. Such costs are to include the costs of preparation for and the appearance on the interlocutory application heard on 19 February 2003 but are not to include the costs of preparation of any of the affidavits of Mr Lloyd or Mr Viney and are not to include witnesses expenses incurred for the attendance of Mr Lloyd and Mr Viney before the Tribunal to give evidence. The Tribunal grants liberty to apply in relation to this order.; 2. That the barrister's name, Mark Alfred Guido Tedeschi QC be included in the Tribunal's Reasons for Decision dated 30 April 2003 in substitution for the pseudonym "FC".; 3. The orders made by the Tribunal on 12 February 2003 and 19 February 2003 are revoked.