Council of the Law Society of New South Wales v Levitt [2018] NSWCA 247

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Levitt [2018] NSWCA 247 Hearing dates: 31 May 2018 Decision date: 26 October 2018 Before: McColl JA at [1]; Basten JA at [91]; Macfarlan JA at [123] Decision: Appeal dismissed with costs, such costs to include the costs of the application for leave to appeal Catchwords: ADMINISTRATIVE LAW – judicial review – application for judicial review of decisions of Council of Law Society of New South Wales determining complaints against a solicitor pursuant to s 537(2) of the Legal Profession Act 2004 (NSW) – where Council resolved it was satisfied there was a reasonable likelihood of Civil and Administrative Tribunal concluding solicitor guilty of professional misconduct – whether requirement to consider s 540 as condition precedent to operation of s 537(2) of the Legal Profession Act 2004 (NSW)

ADMINISTRATIVE LAW – judicial review – application for judicial review of decisions of Council of Law Society of New South Wales determining complaints against a solicitor – construction of ss 537(2) and 540 of the Legal Profession Act 2004 (NSW) – whether conclusion by Council it was satisfied there was a reasonable likelihood of Civil and Administrative Tribunal concluding solicitor was guilty of professional misconduct precluded it also being satisfied of finding of reasonable likelihood of Tribunal concluding solicitor was guilty of unsatisfactory professional conduct

STATUTORY INTERPRETATION – where Council resolved it was satisfied there was a reasonable likelihood of Tribunal concluding solicitor was guilty of professional misconduct – whether s 537(2) of the Legal Profession Act (NSW) requires Council also to consider whether there is a reasonable likelihood of a finding of unsatisfactory professional conduct