Law Society of New South Wales v Konstantinidis [2017] NSWCATOD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Law Society of New South Wales v Konstantinidis [2017] NSWCATOD 105 Hearing dates: 20 February 2017; 26 May 2017 Date of orders: 04 July 2017 Decision date: 04 July 2017 Jurisdiction: Occupational Division Before: D Fairlie (Presiding Member) P Moran (Senior Member) J Schwager (General Member) Decision: (1) The proceedings be listed for Directions on a date to be advised

(2) The Solicitor pay the Law Society's costs of the Preliminary Issues for Determination as agreed or assessed Catchwords: PROFESSIONS AND TRADES - Solicitor - Professional disciplinary proceedings - where the Applicant asserts the solicitor guilty of professional misconduct - where solicitor asserts as Preliminary Issues (a) that the Tribunal is without jurisdiction to hear and determine the Application, and (b) that the Applicant in seeking to adduce evidence to prove matters not the subject of the Application, the proceedings are an abuse of the process of the Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 Government and Related Employees Appeal Tribunal Act 1980 (Repealed) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law 2015 (NSW) Legal Profession Uniform Law Application Act 2014 Legal Profession Uniform Law Application Legislation Amendment Act 2015 Local Government Act Cases Cited: Attorney-General of NSW on the relation of Goddard & Ors v North Sydney Municipal Council & Ors [1971] NSWLR 373 Australian Broadcasting Tribunal v Bond & Ors [1990] 17 CLR Griffin v The Council of the Law Society of NSW [2016] NSWCA 364 Matkevich v New South Wales Technical & Further Education Commission [1995] NSWCA unreported 16 June 1995 Murray v Legal Services Commissioner [1999] NSWCA 70 The Queen v City of Mitcham ex parte GJ Coles & Co Ltd [1980] LGRA 224 Category: Procedural and other rulings Parties: Council of the Law Society of New South Wales (Applicant) Simon Konstantinidis (Respondent) Representation: Counsel: Dr A Bell SC; P Maddigan (Applicant) T Lynch SC; D Ratnam (Respondent)