Konstantinidis v Council of the Law Society of New South Wales [2018] NSWCA 59

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Konstantinidis v Council of the Law Society of New South Wales [2018] NSWCA 59 Hearing dates: 9 February 2018 Date of orders: 27 March 2018 Decision date: 27 March 2018 Before: Payne and White JJA; Emmett AJA Decision: 1. Leave granted to the appellant to file a Notice of Appeal in the form annexed to the appellant's submissions dated 13 February 2018 by 4pm on 4 April 2018.

2. Time for filing the Notice of Appeal extended to 4pm, 5 April 2018.

3. Appeal dismissed.

4. Appellant to pay the respondent's costs as agreed or assessed. Catchwords: OCCUPATIONS – legal practitioner – complaints and discipline – whether Civil and Administrative Tribunal had jurisdiction to entertain proceedings commenced by Council of the Law Society of New South Wales – whether proceedings commenced in the Tribunal more than six months after the Council decided that proceedings be commenced – whether resolution of Professional Conduct Committee that solicitor be informed of certain matters amounted to decision that proceedings be commenced

OCCUPATIONS – legal practitioner – complaints and discipline – whether decision of Tribunal that it had jurisdiction was "for the purposes" of the Legal Profession Act 2004

APPEALS – whether right of appeal under cl 29 of Schedule 5 to the Civil and Administrative Tribunal Act 2013 (NSW) – whether proceedings properly assigned to the Court of Appeal Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Architects Act 2003 (NSW) Building Professionals Act 2005 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Health Practitioner Regulation National Law (NSW) Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Local Government Act 1993 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Surveying and Spatial Information Act 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Veterinary Practice Act 2003 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Daley v Hughes (2014) 86 NSWLR 729; [2014] NSWCA 268 Law Society of New South Wales v Konstantinidis [2017] NSWCATOD 105 Murray v Legal Services Commissioner (1990) 46 NSWLR 224; [1999] NSWCA 70 Solution 6 Holdings Ltd v Industrial Relations Commission of New South Wales (2004) 60 NSWLR 558; [2004] NSWCA 200 Category: Principal judgment Parties: Simon Konstantinidis (Applicant) Council of the Law Society of New South Wales (Respondent) Representation: Counsel: T Lynch SC with N Case (Applicant) A Bell SC with T Wong (Respondent)