Council of the Law Society of New South Wales v XX [2019] NSWSC 874

Supreme Court New South Wales

Medium Neutral Citation: Council of the Law Society of New South Wales v XX [2019] NSWSC 874 Hearing dates: 11 and 14 June 2019 Decision date: 11 July 2019 Jurisdiction: Common Law Before: Lonergan J Decision: Schedule of Orders appended to the judgment Catchwords: PROCEDURE – notice of motion seeking leave to file a notice of motion and summons – interim orders sought – urgent application in relation to conduct of a suspended solicitor – orders made Legislation Cited: Legal Profession Uniform Law (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Australian Securities and Investments Commission v Krecichwost [2007] NSWSC 948 In the matter of Courtenay House Capital Trading Group Pty Limited (in liquidation) [2018] NSWSC 1918 Category: Procedural rulings Parties: Council of the Law Society of New South Wales (Plaintiff) XX (Defendant) Representation: Counsel: B Tronson and C Hamilton-Jewell (Plaintiff) XX (as amicus on 11 June 2019) Mr Davidson (appeared on 14 June 2019)

Solicitors: Law Society of New South Wales (Plaintiff) HWL Ebsworth (Defendant) File Number(s): 2019/180938 Publication restriction: Nil

Judgment 1. On Tuesday, 11 June 2019 as duty judge, I was referred an urgent application by the Law Society of New South Wales ("the Law Society") returnable immediately regarding a solicitor XX ("the solicitor"). I made various orders that day and on 14 June 2019. These are my reasons for making those orders. 2. The solicitor had been suspended in December 2018 however the Law Society had received recent information that the solicitor had been purporting to engage in practice as a solicitor and/or to hold himself out as a solicitor and had been receiving money which ought properly be classified as trust monies from purported clients. 3. Leave was sought to file in Court a summons commencing proceedings against the solicitor seeking final relief as well as a notice of motion seeking urgent orders restraining the solicitor from acting or receiving any money or from operating or opening a bank account or from representing or doing anything that states or implies that he is entitled to practice as a legal practitioner or to engage in legal practice. There were also some mechanical and supplementary orders included in the motion. 4. An additional issue regarding a notice to produce was also raised. The notice to produce sought any mobile telephone, tablet, computer, personal computer or other device capable of connecting to the Internet or www.which was used by the solicitor at any time during the period 6 June 2019 until the time the Notice is served. I was asked to make orders to facilitate production in response to the notice.