NSW Caselaw
New South Wales Supreme Court
CITATION : Kawicki v Legal Services Commissioner & Anor [2002] NSWSC 1072 FILE NUMBER(S) : SC 30034/02 HEARING DATE(S) : 07/11/02 JUDGMENT DATE : 15 November 2002
Mr T Kawicki (Plaintiff) PARTIES : Legal Services Commissioner (First Defendant) Nicholas Cowdery (Second Defendant) JUDGMENT OF : Burchett AJ
T Molomby SC, R Rasmussen (Plaintiff) COUNSEL : N Perram (First Defendant) R McHugh (Second Defendant) Carneys Lawyers (Plaintiff) SOLICITORS : Legal Services Commission (First Defendant) I V Knight Crown Solicitor of New South Wales (Second Defendant) CATCHWORDS : Legal Practitioners - Position of Director of Public Prosecutions - Whether advice given to Attorney-General was "in connection with the practice of law" - Whether complaint to Legal Services Commissioner was properly dismissed - Questions arising under ss127 and 155 of the Legal Profession Act 1987 LEGISLATION CITED : Director of Public Prosecutions Act 1986 Legal Profession Act 1987 Ambard v Attorney-General for Trinidad and Tobago [1936] AC 322 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Murray v Legal Services Commissioner (1999) 46 NSWLR 224 CASES CITED : Nye v State of New South Wales (unreported, 27 September 2002) Palmer v R (1992) 106 ALR 1 Tadeusz Kawicki (1995) 82 A Crim R 191 The Queen v The Australian Broadcasting Tribunal: Ex parte Hardiman (1980) 144 CLR 13 DECISION : Application dismissed with costs.
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