Fitzgibbon v Council of New South Wales Bar Association [2011] NSWCA 165

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fitzgibbon v Council of New South Wales Bar Association [2011] NSWCA 165 Hearing dates: 20 June 2011 Decision date: 20 June 2011 Before: Basten JA at 21; Young JA at 22; Handley AJA at 1 Decision: Summons dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - Administrative Decisions Tribunal - judicial review - whether judicial review proceedings where appeal by leave available abuse of process LEGAL PRACTITIONERS - disciplinary proceedings - time bar LEGAL PRACTITIONERS - disciplinary proceedings - meaning of unsatisfactory professional conduct Legislation Cited: Legal Profession Act 2004, ss. 537(2), 552(1), (6), s 729A(4)(a) Supreme Court Act, s 48(1)(a)(viii) Cases Cited: Meagher v Stephenson (1993) NSWLR 736 Category: Principal judgment Parties: Applicant - David Claude Fitzgibbon First Respondent - Council of the New South Wales Bar Association Second Respondent Administrative Decisions Tribunal (NSW) File Number(s): 2010/00425510 Decision under appeal Citation: [2010] NSWADT 291 Date of Decision: 2010-12-07 00:00:00 Before: S Norton SC (Judicial Member); R Wright SC (Judicial Member); R Fitzgerald (Non-Judicial Member) File Number(s): C92042