Dennis v Council of the Law Society of New South Wales [2014] NSWSC 1487

Supreme Court New South Wales

Medium Neutral Citation: Dennis v Council of the Law Society of New South Wales [2014] NSWSC 1487 Hearing dates: 23 October 2014 Decision date: 31 October 2014 Before: Hoeben CJ at CL Decision: (i) The decision of the defendant of 16 October 2014 to suspend the practising certificate of the plaintiff is set aside. (ii) The decision of the defendant of 16 October 2014 to appoint a manager to the plaintiff's practice is set aside. (iii) Subject to order (iv) the defendant is to pay the plaintiff's costs of these proceedings. (iv) If either party seeks a different form of costs order, he or it should send a submission to that effect to my Associate and the other party within seven days, such submission not to exceed 3 pages. Failing the receipt of any such submission, the order for costs in (iii) above will stand. Catchwords: LEGAL PRACTITIONERS - decision by Council of the Law Society of NSW to suspend practising certificate and appoint a manager - complaints of refusal to comply with requests of investigator and of obstructing investigator - dispute as to meaning of sections of Legal Profession Act 2004 - appeal against suspension and appointment of manager - hearing de novo - meaning of sections 267, 268 and 270 of Legal Profession Act 2004 - whether suspension necessary in the public interest - whether complaints made out. Legislation Cited: Legal Profession Act 2004 (NSW) - s548, s549, s623, s267, s268, s270, s271 Cases Cited: Berger v Council of the Law Society of NSW [2013] NSWSC 1080 Helby v Council of the Law Society of NSW & Anor [2013] NSWSC 1938 Category: Principal judgment Parties: Bruce Vernon Dennis - Plaintiff Council of the Law Society of NSW - Defendant Representation: Counsel: Mr JT Johnson - Plaintiff Mr P Maddigan - Defendant Solicitors: Watson & Watson - Plaintiff Law Society of NSW - Defendant File Number(s): 2014/307579