Gonzales v State Coroner of New South Wales and Anor (No. 2) [2018] NSWSC 1093

Gonzales v State Coroner of New South Wales and Anor (No. 2) [2018] NSWSC 1093

Because the solicitors' undertaking to pay the filing fee was foundational to the urgent ex parte filing and orders made on 16 February 2018, the solicitor who gave it was obliged to ensure payment by the next working day or as soon thereafter as was reasonable. The unexplained failure to comply for nearly five months was serious, but the Court allowed a limited opportunity for immediate compliance by standing the matter down until 2.00 pm before considering referral to a professional regulator.

Jurisdiction
Australia
Judgment Date
13 July 2018
Procedural Posture
Civil Procedure Ruling in Supreme Court of New South Wales Common Law Proceedings / Mention Concerning Non Compliance With Solicitors' Undertaking to Pay Filing Fee After Urgent Ex Parte Orders
Outcome
Proceedings stood down until 2.00 pm on 13 July 2018; at that time it was confirmed that the filing fee had been paid and the matter was stood over for further mention on 27 July 2018.
Legal Topics
['urgent Ex Parte Application' 'undertakings to the Court' 'filing Fees' 'professional Obligations of Solicitors' 'potential Referral to Law Society of New South Wales or Legal Services Commissioner']
['civil Procedure' 'legal Profession'] ['urgent Ex Parte Application' 'undertakings to the Court' 'filing Fees' 'professional Obligations of Solicitors' 'potential Referral to Law Society of New South Wales or Legal Services Commissioner']

Case Brief

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Procedural Posture

Civil Procedure Ruling in Supreme Court of New South Wales Common Law Proceedings / Mention Concerning Non Compliance With Solicitors' Undertaking to Pay Filing Fee After Urgent Ex Parte Orders

Legal Issues

  1. 1 ["Whether the Plaintiff's solicitors had failed to comply with an undertaking to the Court to pay the filing fee for the Summons and supporting affidavit filed for an urgent ex parte application." 'What response was appropriate where an undertaking to the Court by solicitors remained unfulfilled nearly five months after it was given.']

Ratio Decidendi

Because the solicitors' undertaking to pay the filing fee was foundational to the urgent ex parte filing and orders made on 16 February 2018, the solicitor who gave it was obliged to ensure payment by the next working day or as soon thereafter as was reasonable. The unexplained failure to comply for nearly five months was serious, but the Court allowed a limited opportunity for immediate compliance by standing the matter down until 2.00 pm before considering referral to a professional regulator.

Court Disposition

Proceedings stood down until 2.00 pm on 13 July 2018; at that time it was confirmed that the filing fee had been paid and the matter was stood over for further mention on 27 July 2018.

Orders

  • ['Proceedings stood down from 10.10 am until 2.00 pm on 13 July 2018 to allow the undertaking to pay the filing fee to be satisfied.' 'If the undertaking was not satisfied by 2.00 pm, the Court would consider referral to the Law Society of New South Wales or the Legal Services Commissioner.' 'After confirmation that...