Council of the New South Wales Bar Association v ECC [2019] NSWCATOD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v ECC [2019] NSWCATOD 171 Hearing dates: 12 and 13 June, 12 September, 3 October 2019 (written submissions) Date of orders: 01 November 2019 Decision date: 01 November 2019 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member G Curtin SC, Senior Member Prof P Foreman AM, General Member Decision: (1) The application is dismissed. (2) The name of the respondent is anonymised. (3) The applicant is to pay the costs of the respondent in the proceedings assessed in default of agreement. Catchwords: Legal practitioner – application for disciplinary findings and orders – general delegation by Legal Services Commissioner of NSW to NSW Bar Association to commence proceedings held insufficient to authorise commencement of proceedings by Council of the NSW Bar Association – proceedings dismissed because commenced without power – costs order made Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law (NSW) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Council of the Law Society of NSW v DXW [2019] NSWCATOD 101 Category: Principal judgment Parties: Council of the New South Wales Bar Association (Applicant) ECC (Respondent) Representation: Counsel: P Dwyer and later R Lancaster SC and P A Maddigan (Applicant) C A Webster SC (Respondent)