Fitzsimons v Council of the Law Society of New South Wales [2013] NSWCA 95

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fitzsimons v Council of the Law Society of New South Wales [2013] NSWCA 95 Hearing dates: 22 April 2013 Decision date: 22 April 2013 Before: Barrett JA Decision: 1.Notice of motion dismissed. 2.The applicant under the notice of motion will pay the respondent's costs of the notice of motion. [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: APPEAL AND NEW TRIAL - appeal - whether competent - Administrative Decisions Tribunal decides that solicitor is guilty of professional misconduct and foreshadowed later decision as to orders that should be made - where avenue of appeal is created by the Legal Profession Act 2004 - that Act allows appeal from an "order or other decision made by the Tribunal" - decision of guilt of professional misconduct is such a "decision" Legislation Cited: Legal Profession Act 2004, s 729A Category: Interlocutory applications Parties: Maria Angela Fitzsimons - Appellant Council of the Law Society of New South Wales - Respondent Representation: Ms C M Groenewegen - Appellant M W Young SC - Respondent Lyons & Lyons - Appellant Ms A Foord - Law Society of New South Wales File Number(s): 2012/397020 Decision under appeal Citation: [2012] NSWADT 242 Date of Decision: 2012-11-23 00:00:00 Before: Judicial Members M Riordan and J Pheils; Non-Judicial Member R Fitzgerald File Number(s): 092018