Balzola v Council of the Law Society of New South Wales [2018] NSWSC 849

Supreme Court New South Wales

Medium Neutral Citation: Balzola v Council of the Law Society of New South Wales [2018] NSWSC 849 Hearing dates: 4 June 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) I declare that, in the events which have happened, the defendant's immediate suspension of the plaintiff's practising certificate under s 77 of the Legal Profession Uniform Law (NSW) on 20 July 2017 has expired.

(2) No order as to costs of the motion filed 18 May 2018 to the intent that each of the parties pays his and its own costs. Catchwords: OCCUPATIONS – legal practitioners – discipline – suspension of practising certificate – interim or immediate suspension under s 77 of the Legal Profession Uniform Law (NSW) – where stay granted – no suspension under s 82 within 56 days – effect of the stay – whether stay obviated need for Law Society to make a decision under s 82 - whether interim suspension lapsed Legislation Cited: Legal Profession Uniform Law (NSW) ss 77, 79, 82, 83, 84, 100 Cases Cited: Berger v Council of the Law Society of NSW [2013] NSWSC 1080 Russo v Legal Services Commissioner [2016] NSWCA 95 Texts Cited: Nil Category: Procedural and other rulings Parties: Robert Remo Balzola (Plaintiff) Council of the Law Society of New South Wales (Defendant) Representation: Counsel: N Beaumont SC & L Johnston (Plaintiff) K Morgan SC & S Palaniappan (Defendant)

Solicitors: Eakin McCaffery Cox (Plaintiff) Law Society of NSW (Defendant) File Number(s): 2017/228544 Publication restriction: Nil