Hagipantelis v Legal Services Commissioner of New South Wales [2010] NSWCA 79

Reported Decision: 78 NSWLR 82 Appeal Outcome: Special leave refused with costs by High Court, 3 September 2010, (S113/2010)

New South Wales Court of Appeal

CITATION: Hagipantelis v Legal Services Commissioner of New South Wales [2010] NSWCA 79

HEARING DATE(S): 23 February 2010

JUDGMENT DATE: 15 April 2010

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 50; Handley AJA at 51

1 Leave to appeal granted. DECISION: 2 Direct the appellants to file a notice of appeal within 14 days. 3 Appeal dismissed with costs.

CATCHWORDS: ADMINISTRATIVE LAW - administrative tribunals - Administrative Decisions Tribunal (NSW) - Legal Profession Act and Regulation - professional misconduct - not necessary that criminal proceedings, where available, be brought prior to disciplinary proceedings in the Tribunal - PROFESSIONS AND TRADES - lawyers - complaints and discipline - prohibition on marketing legal services in respect of personal injury - meaning of "advertisement" and "marketing" - Legal Profession Act s 85 and Legal Profession Regulation cl 24

LEGISLATION CITED: Legal Profession Act 2004 Workplace Injury Management and Workers Compensation Act 1988

Dilworth v Commissioner of Stamp Duties [1899] AC 99 Island Maritime Ltd v Filipowski [2006] HCA 30; (2006) 226 CLR 328 Legal Services Commissioner v Bryden (No 2) [2009] NSWADT 131 CASES CITED: Macleod v ASIC [2002] HCA 37; (2002) 211 CLR 287 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 Sherritt Gordon Mines Ltd v Commissioner of Taxation (Cth) [1977] VR 342 The Council of the Law Society of New South Wales v Australian Injury Helpline Limited [2008] NSWSC 627; (2008) 71 NSWLR 715