Comeskey v New South Wales Bar Association [2015] NSWSC 12

Supreme Court New South Wales

Medium Neutral Citation: Comeskey v New South Wales Bar Association [2015] NSWSC 12 Hearing dates: 21 January 2015 Date of orders: 21 January 2015 Decision date: 21 January 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to serve a subpoena pursuant to s 31(1) of the Trans-Tasman Proceedings Act 2010 (Cth) on Mary Ollivier of the New Zealand Law Society. 2. Service is to be effected by close of business by 5 pm AED time 3. Service of the subpoena is to be effected electronically by email or facsimile addressed to Mary Ollivier at the New Zealand Law Society. 4. Costs reserved. Catchwords: PROCEDURE – subpoenas – service in New Zealand – legal practitioners – discipline – appeal from refusal by Bar Association to issue practising certificate - whether applicant for practising certificate is a fit and proper person – documents in possession of New Zealand Law Society from disciplinary enquiry – nature of appeal under s 108 Legal Profession Act Legislation Cited: Legal Profession Act 2004 (NSW) Supreme Court Act 1970 (NSW) Trans-Tasman Proceedings Act 2010 (Cth) Cases Cited: Auckland Standards Committee v Comeskey [2010] NZLCDT 19 Legal Practitioner v Council of the Law Society of the Australian Capital Territory [2011] ACTSC 110 Trade Practices Commission v Arnotts Limited (No 2) (1989) 88 ALR 90 Veghelyi v Council of the Law Society of New South Wales (1989) 17 NSWLR 669 Category: Procedural and other rulings Parties: Christopher Patrick Comeskey (Plaintiff) Council of the New South Wales Bar Association (Defendant) Representation: Counsel: In person (Plaintiff) D A McLure (Defendant)