Green v Law Society of NSW [2002] NSWSC 25

New South Wales Supreme Court

CITATION : Green v Law Society of NSW [2002] NSWSC 25 CURRENT JURISDICTION: Common Law Division Administrative Law List FILE NUMBER(S) : SC 30003/02 HEARING DATE(S) : 31/01/02 JUDGMENT DATE : 6 February 2002

PARTIES : Martin Geoffrey Green (pl) The Law Society of New South Wales (def) JUDGMENT OF : Kirby J

COUNSEL : P Byrne SC/Ms L McSpedden (Pl) R R Stitt QC (Def) SOLICITORS : Jenny Bull & Co (Pl) Law Society of NSW (Def) CATCHWORDS : Cancellation of Practising Certificate of solicitor - Appeal - Application for stay - Request of Law Society for an explanation - Privilege against self incrimination LEGISLATION CITED : Legal Profession Act, 1987 Police Integrity Act, 1996 Sorby v The Commonwealth of Australia (1983) 152 CLR 281 Police Service Board v Morris (1984-1985) 156 CLR 397 Taikato v The Queen (1996) 186 CLR 454 CASES CITED : Law Society of NSW v Foreman (1991) 24 NSWLR 238 Ganin v The New South Wales Crime Commission (1993) 32 NSWLR 423 Veghelyi v Council of The Law Society of New South Wales (1989) 17 NSWLR 669 Re Veron; Ex parte Law Society of New South Wales (1966) 84 WN 136 DECISION : Application for stay refused

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST Kirby J Wednesday 6 February 2002 30003/02 MARTIN GEOFFREY GREEN v THE LAW SOCIETY OF NEW SOUTH WALES JUDGMENT 1 KIRBY J: Mr Martin Geoffrey Green (the plaintiff) was admitted as a Legal Practitioner of the Supreme Court of New South Wales. He practised as a solicitor in partnership in a firm which had offices in Sydney and Manly. On 17 January 2002, the Law Society of New South Wales ("the Law Society") (the defendant) resolved, pursuant to s37(1)(a) of the Legal Profession Act, 1987 (the Act), to cancel Mr Green's Practising Certificate. 2 Under s38B(1) of the Act, a person whose Practising Certificate has been cancelled may appeal to the Supreme Court. By Summons dated 30 January 2002, Mr Green lodged an appeal. The appeal does not stay the cancellation unless the Supreme Court otherwise orders (s38B(3)) Mr Green, therefore, seeks a stay pending the determination of the appeal.