Council of the Law Society of NSW v Clarke [2017] NSWCATOD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Clarke [2017] NSWCATOD 142 Hearing dates: 24, 25 August 2017, 31 August, 14 September and 22 September 2017(submissions) Date of orders: 04 October 2017 Decision date: 04 October 2017 Jurisdiction: Occupational Division Before: F Marks ADCJ, Principal Member L Pearson, Principal Member J Schwager, Member Decision: 1.Application for permanent stay dismissed 2.Costs are reserved with liberty to apply which must be exercised within one month 3.Matter listed for directions on 1 November 2017 at 9.30am Catchwords: Legal practitioner-delay in prosecution of complaint of professional misconduct did not constitute an abuse of process-application for permanent stay refused Abuse of process-held Civil and Administrative Tribunal has specific and implied powers to order permanent stay of proceedings Legislation Cited: Legal Profession Act 2004 Civil and Administrative Tribunal Act Cases Cited: Licul v Corney (1975) 180 CLR 213 Port of Melbourne Authority v Anshun Pty Ltd (1980) 147 CLR 35 Carr v Finance Corporation of Australia Ltd (No 1) (1981) HCA 20, (1980 – 1981) 147 CLR 246 Re Luck [2003] HCA 70 Egglishaw v Australian Crime Commission [2007] FCAFC 183 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Bracks v Smyth-Kirk [2009] NSWCA 401 Leybourne v Habkouk [2012] NSWCA 212 Kermani v Westpac Banking Corporation (2012) 36 VR 130 Strong v the Law Society of NSW [2001] NSWCA 311 Director of Public Prosecutions v Shirvanian (1998) 45 NSWLR 129 BTH v The Public Guardian [2017] NSWCATAP 10 Jago v The District Court of NSW and Others [1989] HCA 46; (1989) 168 CLR 23 Carson v Legal Services Commissioner & Anor [2000] NSWCA 308 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant) Daniel Christopher Clarke (Respondent) Representation: Counsel: R Stitt QC (Applicant) K Williams SC (Respondent)