Council of the Law Society of NSW v DXW [2019] NSWCATOD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v DXW [2019] NSWCATOD 101 Hearing dates: 30 May 2019 Date of orders: 25 June 2019 Decision date: 25 June 2019 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Decision: The application for disciplinary findings is dismissed. Catchwords: Legal practitioner – application for disciplinary findings – held no complaint validly made to or by NSW Legal Services Commissioner – held no valid delegation of function to initiate proceedings given by NSW Legal Services Commissioner to Law Society of NSW – held no basis for institution of proceedings and no jurisdiction to deal with application – proceedings dismissed. Legislation Cited: Interpretation of Legislation Act 1984 (Vic) Legal Profession Uniform Law Application Act 2014 (NSW) Legal Profession Uniform Law (NSW) Cases Cited: Apollo Shower Screens v Building and Construction Industry Long Service Payments Corporation (1985) 1 NSWLR 561 Barwick v NSW Law Society [2000] HCA 2 Minister for Natural Resources v NSW Aboriginal Land Council (1987) 9 NSWLR 154 Category: Principal judgment Parties: Council of the Law Society of NSW (Applicant)

DXW (Respondent) Representation: Counsel: P Madigan (Applicant) T Howard SC and C Novak (Respondent)

Solicitors: A Foord (Applicant) Carneys Lawyers (Respondent) File Number(s): 2018/00248520 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act it is ordered that publication of the name of the respondent or any information which might tend to identify the respondent is prohibited.