MN Legal and Management Consultants Pty Ltd v The Council of the Law Society of New South Wales; Michail v The Council of the Law Society of New South Wales [2018] NSWSC 1410

Supreme Court New South Wales

Medium Neutral Citation: MN Legal and Management Consultants Pty Ltd v The Council of the Law Society of New South Wales; Michail v The Council of the Law Society of New South Wales [2018] NSWSC 1410 Hearing dates: 8 June 2018 Date of orders: 14 September 2018 Decision date: 14 September 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) In proceedings 2018/27265: (a) Dismiss the Amended Summons filed 9 March 2018; (b) The plaintiffs are to pay the defendant's costs.

(2) In proceedings 2018/46860: (a) Dismiss the Amended Summons filed 3 April 2018; (b) The plaintiff is to pay the defendant's costs.

(3) In proceedings 2018/85144: (a) Dismiss the Amended Summons filed 3 April 2018; (b) The plaintiff is to pay the defendant's costs. Catchwords: OCCUPATIONS – legal practitioners – discipline – suspension of practising certificate – appointment of external intervener – Legal Profession Uniform Law (NSW) ss 77, 82 and 327 – solicitor with mental health issues disseminated unfounded accusations about public officeholders, illegally recorded court proceedings and obstructed subsequent investigation and external intervention – appeal against suspension – hearing de novo – whether immediate suspension necessary in the public interest – whether solicitor unable to fulfil inherent requirements of a legal practitioner – whether solicitor could contend that her mental health prohibited her from assisting an investigation into her legal practice but not from practising law