Sullivan v Council of the Law Society of New South Wales [2017] NSWSC 427

Supreme Court New South Wales

Medium Neutral Citation: Sullivan v Council of the Law Society of New South Wales [2017] NSWSC 427 Hearing dates: 12 April 2017 Date of orders: 20 April 2017 Decision date: 20 April 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 51(1)(b) Supreme Court Act 1970 (NSW), remove these proceedings into the Court of Appeal;

(2) List the matter for directions before the Registrar of the Court of Appeal at 9 a.m. on Thursday 27 April 2017;

(3) The parties costs of the application before me are costs in the cause. Catchwords: CIVIL PROCEDURE – solicitor misconduct – where there has been a finding of non-compliance with a notice under s 660 Legal Profession Act 2004 (NSW) – appeal from a "profession decision" under Civil and Administrative Tribunal Act 2013 (NSW) – whether the proceedings should be removed to the Court of Appeal – consideration of ss 48 and 51 Supreme Court Act 1970 (NSW) – consideration of the meaning of "specified tribunal" – whether the specified tribunal needs to comprise of one or more judges – whether the Court should exercise its discretion to remove the proceedings to the Court of Appeal – held that proceedings to be removed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Constitution Act 1902 (NSW) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: BRJ v Council of the New South Wales Bar Association [2016] NSWSC 146 Daykin v SAS Trustee Corporation and Ors (2001) 51 NSWLR 328 Patterson and James v Public Service Board [1984] 1 NSWLR 237 Provident Capital Ltd v Hazaran Pty Ltd & Michael Petrovic Lenin [2002] NSWSC 825 Puglisi v Administrative Decisions Tribunal of New South Wales Appeal Panel (2001) 52 NSWLR 350 Satchi & Satchi Australia Pty Ltd & Ors v Zeaiter Corporate Holdings Pty Ltd [2008] NSWSC 411 Category: Procedural and other rulings Parties: Terrence Anthony Sullivan (Plaintiff)