Griffin v The Council of the Law Society of New South Wales [2016] NSWCA 364

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Griffin v The Council of the Law Society of New South Wales [2016] NSWCA 364 Hearing dates: 3 November 2016 Date of orders: 16 December 2016 Decision date: 16 December 2016 Before: Ward JA at [1] Gleeson JA at [2] Sackville AJA at [3] Decision: (1) Appeal dismissed. (2) The Appellant pay the Respondent's costs of the appeal. Catchwords: LEGAL PROFESSION — disciplinary proceedings — solicitor sends an ex parte communication to a Judge making unfounded allegations and containing threats — complaint that the solicitor's conduct was "grossly discourteous" — whether the solicitor's conduct capable of constituting professional misconduct

STATUTORY CONSTRUCTION — transitional provisions — whether the repealed Legal Profession Act 2004 (NSW) applies to disciplinary proceedings pending in the New South Wales Civil and Administrative Tribunal (NCAT) at the date of the repeal

CONSTITUTIONAL LAW — whether the solicitor's conduct protected by the implied constitutional freedom of political communication

COSTS — whether NCAT erred in ordering the solicitor to pay costs — significance of NCAT relying on a repealed statutory provision in making the costs order Legislation Cited: International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976), Art 19

Constitution, s 77(iii)

Administrative Decisions (Judicial Review) Act 1977 (Cth) Australia Act 1986 (Cth), s 5 Judiciary Act 1903 (Cth), ss 30, 40, 78B, 86