Donaghy v The Council of The Law Society of New South Wales [2013] NSWCA 154

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Donaghy v The Council of The Law Society of New South Wales [2013] NSWCA 154 Hearing dates: 10 April 2013 Decision date: 06 June 2013 Before: Beazley P at [1]; Meagher JA at [1]; Emmett JA at [1] Decision: (1) Appeal allowed. (2) Set aside the orders made by the Administrative Decisions Tribunal on 17 August 2012. (3) Appellant's application for review be remitted to the Administrative Decisions Tribunal for further hearing and determination. (4) Respondent pay the appellant's costs of the appeal. [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 - complaint concerning conduct of legal practitioner - Law Society Council reprimanded practitioner with respect to conduct, on the basis that there was "a reasonable likelihood that the practitioner would be found by the [Administrative Decisions] Tribunal to have engaged in unsatisfactory professional conduct" - practitioner appealed to Administrative Decisions Tribunal under s 540(5) of Legal Profession Act 2004 - whether ADT misdirected itself in concluding that the practitioner's conduct amounted to unsatisfactory professional conduct and in failing to address whether there was a reasonable likelihood that it would so conclude - whether ADT denied practitioner procedural fairness by taking into account conduct which was not the subject of original complaint - decision and orders of ADT set aside Legislation Cited: Administrative Decisions Tribunal Act 1997, ss 63, 66 Legal Profession Act 1987, s 171F Legal Profession Act 2004, Ch 3 Div 11, ss 350, 537, 540, 602, 729 Supreme Court Act 1970, s 75A Cases Cited: Carson v Legal Services Commissioner [2000] NSWCA 308 Donaghy v Council of The Law Society of NSW (No 2) [2012] NSWADT 170 Murray v Legal Services Commissioner [1999] NSWCA 70; 46 NSWLR 224 Walsh v NSW Law Society [1999] HCA 33; 198 CLR 73 Category: Principal judgment Parties: Geoffrey James Donaghy (Appellant) Professional Conduct Committee of the Law Society of New South Wales (Respondent) Representation: Counsel: J J Priestley (Appellant) Ms C A Webster SC (Respondent) Solicitors: G J Donaghy & Company (Appellant) Anne-Marie Foord of Law Society of NSW (Respondent) File Number(s): 2012/286974 Decision under appeal Citation: Donaghy v Council of the Law Society of NSW (No 2) [2012] NSWADT 170 Date of Decision: 2012-08-17 00:00:00 Before: D Fairlie, Judicial Member S Hale, Judicial Member E Hayes, Non-Judicial Member File Number(s): 112029