Griffin v Council of the Law Society of New South Wales [2016] NSWCA 275

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Griffin v Council of the Law Society of New South Wales [2016] NSWCA 275 Hearing dates: 19 September 2016; 20 September 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Before: Emmett AJA Decision: 1. Enforcement of the orders made by the Civil and Administrative Tribunal of New South Wales on 8 April 2016 be stayed until six months after the determination of the appeal. 2. Reserve to the parties liberty to apply on reasonable notice in the event that the High Court makes an order removing the proceedings into the High Court. 3. Costs of the notice of motion be the parties' respective costs in the appeal. 4. The notice of motion filed by the appellant on 12 September 2016 be otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – application for stay of orders pending determination of appeal – disciplinary findings of professional made against appellant arising out of discourteous letter to a judicial officer – appellant required to undertake and pass legal ethics class within six months of orders – appellant appealing findings of professional misconduct on multiple grounds – whether appeal would be rendered nugatory if a stay were not granted – whether arguable grounds for appeal demonstrated – whether any concern of prejudice to the public by reason of appellant continuing to practise pending his undertaking an ethics course

PRACTICE AND PROCEDURE – application for stay of proceedings in Court of Appeal pending the outcome of High Court's determination of application for removal of matter to that court – appellant applied for order under s 40 of Judiciary Act 1903 (Cth) removing the whole of the case now pending in Court of Appeal – appellant contending that relevant provisions of Legal Profession Act 2004 (NSW) breach the implied freedom of political communication – whether there is arguable case for removal of matter to High Court – whether very substantial delay in making application to High Court should affect interference with hearing of the appeal – whether costs should allowed to be thrown away that were incurred in preparation of the appeal Legislation Cited: Judiciary Act 1903 (Cth), s 40 Legal Profession Act 2004 (NSW), s 562 Cases Cited: Australia Capital Television v Commonwealth (1992) 177 CLR 106; [1992] HCA 45 Australian Plaintiff Lawyers Association Ltd v Legal Services Commissioner (NSW) (2005) 224 CLR 322; [2005] HCA 44 Berger v Council of the Law Society of New South Wales [2013] NSWCA 278 Coleman v Power (2004) 220 CLR 1; [2004] HCA 39 Cunliffe & Anor v Commonwealth (1994) 182 CLR 272 McCloy v New South Wales [2015] HCA 34; (2015) 89 ALJR 857 Robb & Rees v Law Society of the Australian Capital Territory (Federal Court of Australia, Finn J, 21 June 1996, unrep) Shears v Deputy Commission of Taxation [2014] FCA 800; (2014) 98 ATR 873 Unions NSW v New South Wales (2013) 252 CLR 530; [2013] HCA 58 Category: Procedural and other rulings Parties: Michael Griffin (Appellant) Council of the Law Society of New South Wales (Respondent) Representation: Counsel: In person (Appellant) Mr P Maddigan (Respondent)