Donaghy v Legal Services Commissioner of New South Wales [2014] NSWCA 445

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Donaghy v Legal Services Commissioner of New South Wales [2014] NSWCA 445 Hearing dates: 7/11/2014 Decision date: 19 December 2014 Before: Meagher JA at [1]; Emmett JA at [2]; Gleeson JA at [65] Decision: (1) Appeal allowed. (2) The orders made by the NSW Civil and Administrative Tribunal on 21 January 2014 and 10 April 2014 be set aside. (3) The matter be remitted to the NSW Civil and Administrative Tribunal for determination according to law. (4) The respondent pay 60% of 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: PROFESSIONS AND TRADES - lawyers - complaints and discipline - complaint initiated by the Legal Services Commissioner in relation to a lawyer allegedly failing to comply with a practice note of the Children's Court and failing to comply with a direction of a Children's Court magistrate - Commissioner determined to reprimand the lawyer - appeal to the Administrative Decisions Tribunal (later the NSW Civil and Administrative Tribunal) - whether the Tribunal erred in considering matters extraneous to the original complaint - Legal Profession Act 2004 (NSW), ss 537-540