Council of the Law Society of New South Wales v Judah [2019] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Judah [2019] NSWCATOD 135 Hearing dates: 14 August 2019 Date of orders: 04 September 2019 Decision date: 04 September 2019 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President J Currie, Senior Member E Hayes, General Member Decision: (1) The application for disciplinary findings is dismissed;

(2) The applicant is to pay the respondent's costs as agreed or assessed Catchwords: Legal practitioner – application for disciplinary findings – no complaint validly made to or by the New South Wales Legal Services Commissioner – no valid delegation of function to initiate proceedings given by Commissioner to Law Society – held no jurisdiction and therefore proceedings must be dismissed – costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Legal Profession Uniform Law (NSW) Cases Cited: Council of the Law Society of NSW v DXW [2019] NSWCATOD 101 Cripps v G & M Dawson [2006] NSWCA 81 Gaynor v Burns [2015] NSWCATAP 150 Lloyd v Hill [2004] NSWSC 652 London Scottish Benefit Society v Chorley (1884) 13 QBD 872 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) Albert Judah (Respondent) Representation: Counsel: P Maddigan (Applicant) M Bateman (Respondent)