Menon v Council of the Law Society of New South Wales [2016] NSWSC 1322

Supreme Court New South Wales

Medium Neutral Citation: Menon v Council of the Law Society of New South Wales [2016] NSWSC 1322 Hearing dates: 14 June 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Common Law Before: Fagan J Decision: 1. Declare that each of the decisions of the defendant, made 15 October 2015, that it was satisfied there is a reasonable likelihood the plaintiffs, respectively, would be found by the Tribunal to have engaged in professional misconduct and to institute proceedings in the Tribunal pursuant to s 537(2) of the Legal Profession Act 2004 (NSW), is void.

2. The defendant by its officers servants and agents is restrained from taking any further steps in the proceedings commenced in the Tribunal in reliance upon the decisions referred to in Order 1.

3. The defendant is to pay the plaintiff's costs of the summons. Catchwords: ADMINISTRATIVE LAW – judicial review – error of law on the face of the record – jurisdictional error – legal practitioners – decision of Council to commence proceedings in the Tribunal – unsatisfactory professional conduct – professional misconduct – duty to give reasons – whether reasons inadequate Legislation Cited: Accident Compensation Act 1985 (Vic) Criminal Procedure Act 1986 (NSW) Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Road Transport (General) Act 2005 (NSW) Road Transport (Vehicles and Driver Management) Act 2005 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Carson v Legal Services Commissioner [2000] NSWCA 308 Civil Aviation Safety Authority v Central Aviation Pty Limited (2009) 179 FCR 554; [2009] FCAFC 137 Dornan v Riordan (1990) 24 FCR 564 Murray v Legal Services Commissioner (1999) 46 NSWLR 224; [1999] NSWCA 70 Phosphate Resources Ltd v Minister for the Environment, Heritage and the Arts (No. 2) [2008] FCA 1521 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212; [2003] HCA 56 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Dev Menon & Daniel Clarke (Plaintiffs) Council of the Law Society of New South Wales (Defendant) Representation: Counsel: Neil Williams SC/Katharine Morgan (Plaintiffs) Robert Stitt QC (Defendant)