Council of the New South Wales Bar Association v Nagle [2018] NSWCATOD 104

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v Nagle [2018] NSWCATOD 104 Hearing dates: 12 April 2018, 2 May 2018 and 13 June 2018 (submissions) Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Occupational Division Before: The Hon F Marks Principal Member Decision: (1) The interlocutory application of the respondent is dismissed

(2) Costs are reserved with liberty to apply. Any such application must be made within one month of this date.

(3) The proceedings are stood over to a date to be fixed for further directions to allow them to be determined to finality. Catchwords: Legal practitioner – application for disciplinary findings and orders –principles of construction of statutes- held applicable law is Legal Profession Uniform Law (NSW) (2014) and not the Legal Profession Act 2004. Legislation Cited: Legal Profession Act 2004 (NSW) Legal Profession Uniform Law 2014 (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 ; [1997] HCA 2 SZTA v Minister for Immigration and Border Protection [2017] HCA 34 Warbarton v Loveland 1882 1 Hud and Br 623 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) Peter Richard Nagle (Respondent) Representation: Counsel: K Morgan SC applicant respondent self represented