AB v Law Society of New South Wales [2018] NSWSC 1975

Supreme Court New South Wales

Medium Neutral Citation: AB v Law Society of New South Wales [2018] NSWSC 1975 Hearing dates: 29 June 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) I make an order in the nature of certiorari quashing the decisions of the Law Society dated 14 December 2017 and 1 February 2018.

(2) The Council of the Law Society of New South Wales is restrained from taking any further steps in the proceedings commenced in the NSW Civil and Administrative Tribunal on the basis of the decision of the defendant's Professional Conduct Committee dated 1 February 2018 and recorded in its letter of 6 February 2018, other than to:

(a) take steps to discontinue the proceedings, or to otherwise have the proceedings dismissed or withdrawn; and

(b) argue any question as to costs arising from the proceedings.

(3) The defendant is to pay the plaintiff's costs of the proceedings. Catchwords: OCCUPATIONS – legal practitioners – discipline – judicial review proceedings - decision by Law Society to initiate proceedings against plaintiff solicitor in NCAT – Legal Profession Uniform Law (NSW) s 300 – complaint that solicitor falsely witnessed signature on passport application at request of another solicitor – whether Law Society failed to extend procedural fairness to plaintiff – where Law Society did not disclose statutory declarations of other practitioner thereby depriving plaintiff of opportunity to make submissions about credit – whether Law Society failed to consider alternatives to initiation of proceedings – whether Law Society asked itself the wrong question and misconceived its function - whether reasons for decision of Law Society were adequate – where no reasons for finding that conduct amounted to professional misconduct Legislation Cited: Legal Profession Act 2004 (NSW) ss 537, 540, 542 Legal Profession Uniform Law (NSW) No 16a ss 6, 260, 266, 270, 276, 277, 279, 280, 282, 296-300, 315-319, 371, 464, 467, 468 Motor Accidents Compensation Act 1999 (NSW) Statutory Declarations Act 1959 (Cth) s 11 Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Council of the Law Society of New South Wales v Levitt [2018] NSWCA 247 Craig v The State of South Australia (1995) 184 CLR 163 Levitt v Council of the Law Society of New South Wales [2017] NSWSC 834 Menon v Council of the Law Society of New South Wales [2016] NSWSC 1322 Minister for Immigration and Border Protection v SZSSJ; Minister for Immigration and Border Protection v SZTZI (2016) 259 CLR 180; [2016] HCA 29 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Texts Cited: Nil Category: Principal judgment Parties: AB (Plaintiff) Law Society of New South Wales (Defendant) Representation: Counsel: T Lynch SC & J Sheller (Plaintiff) K C Morgan SC & M Jaireth (Defendant)