Helby v Council for the Law Society of New South Wales and anor. [2013] NSWSC 1938

Supreme Court New South Wales

Medium Neutral Citation: Helby v Council for the Law Society of New South Wales and anor. [2013] NSWSC 1938 Hearing dates: 26 November, 11 December 2013 Decision date: 20 December 2013 Before: Bellew J Decision: (i)The decision of the first defendant of 21 November 2013 to suspend the practicing certificate of the plaintiff is set aside. (ii)The decision of the first defendant of 21 November 2013 to appoint a manager to the plaintiff's practice is set aside. (iii)I will hear the parties on the question of costs by the provision of written submissions to my Associate by 3 February 2014. Catchwords: LEGAL PRACTITIONERS - decision by the Council of the Law Society of NSW to suspend practicing certificate - allegations of dishonesty - whether necessary in the public interest to suspend the practicing certificate - whether allegations made out Legislation Cited: Legal Profession Act 2004 NSW Evidence Act 1995 NSW Cases Cited: Berger v Council of the Law Society of NSW [2013] NSWSC 1080 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Doherty v Law Society of NSW (29 August 2008, James J, unreported) Doherty v The Law Society of NSW and anor (11 September 2008, James J, unreported) Doherty v Law Society of NSW [2008] NSWCA 269 Veghelyi v Council of the Law Society of NSW (1989) 17 NSWLR 669 Category: Principal judgment Parties: Christopher Vincent Helby - Plaintiff Representation: Counsel: Mr E W Young - Plaintiff Mr P Jammy - First Defendant Solicitors: Austin and Giugni Solicitors - Plaintiff Anne-Marie Foord - First Defendant File Number(s): 2013 / 357249 Publication restriction: Nil