Council of the Law Society of NSW v Layton [2008] NSWSC 606

New South Wales Supreme Court

CITATION : Council of the Law Society of NSW v Layton [2008] NSWSC 606

HEARING DATE(S) : 29 January 2008

JUDGMENT DATE : 18 June 2008

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : (1) The defendant is restrained from engaging in legal practice in contravention of s14(1) of the Legal Profession Act, 2004. (2) The defendant is restrained by himself, his servants or agents from representing or advertising that he is entitled to engage in legal practice, in contravention of s15(1) of the Legal Profession Act, 2004. (3) The defendant is to pay the plaintiff's costs.

Legal Profession Act, 2004 LEGISLATION CITED : Legal Profession Act, 1987 Legal Profession Regulations, 2005

Law Society of NSW v Seymour [1999] NSWCA 117 CASES CITED : Re Sanderson; ex parte Law Institute of Victoria (1927) VLR 394 Felman v Law Institute of Victoria (1997) 150 ALR 363 Prothonotary of the Supreme Court of New South Wales v McCaffery [2004] NSWCA 470

PARTIES : The Council of the Law Society of New South Wales (Plaintiff) Barry Joseph Layton (Defendant)

FILE NUMBER(S) : SC 14368/07

COUNSEL : S. Barnes (Plaintiff) In person (Defendant)

SOLICITORS : The Council of the Law Society of New South Wales (Plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

Wednesday 18 June 2008

14368/07 THE COUNCIL OF THE LAW SOCIETY OF NEW SOUTH WALES v BARRY JOSEPH LAYTON

JUDGMENT

Introduction 1 The plaintiff, by summons, sought the following orders: "1. Orders pursuant to section 720 of the Legal Profession Act 2004: (i) restraining the defendant from engaging in legal practice in contravention of section 14(1) of the Legal Profession Act 2004; (ii) restraining the defendant by himself, his servants or agents from representing or advertising that he is entitled to engage in legal practice, in contravention of section 15(1) of the Legal Profession Act 2004; and 2. Costs."