Lott v Council of the New South Wales Bar Association [2017] NSWCA 145

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lott v Council of the New South Wales Bar Association [2017] NSWCA 145 Hearing dates: 14 June 2017 Date of orders: 14 June 2017 Decision date: 21 June 2017 Before: Meagher JA at [1]; Simpson JA at [2]; Sackville AJA at [43] Decision: 1. Application for leave to appeal dismissed.

2. The applicant to pay the respondent's costs of the application. Catchwords: APPEAL – application for leave to appeal – practice and procedure – disciplinary proceedings – summonses to produce – whether summonses disclose legitimate forensic purpose – no error of principle – leave to appeal refused

PRACTICE AND PROCEDURE – disciplinary proceedings – summonses to produce – where personal circumstances occurring after impugned conduct are raised – whether summonses disclose legitimate forensic purpose – leave to appeal refused

PROFESSIONS AND TRADES – lawyers – complaints and discipline – practice and procedure – where personal circumstances occurring after impugned conduct are raised – whether summonses disclose legitimate forensic purpose Legislation Cited: Legal Profession Act 2004 (NSW), ss 4, 496, 497, 503, 504, 513, 525, 527, 537, 553, 562, Pt 7.3 Legal Profession Uniform Law (NSW) Cases Cited: Council of the New South Wales Bar Association v Lott [2016] NSWCATOD 159 Category: Principal judgment Parties: Patrick Bernard Lott (Applicant) Council of the New South Wales Bar Association (Respondent) Representation: Counsel: P M Morris SC/T Fishburn (Applicant) A N Williams (Respondent)