Potkonyak v Legal Services Commissioner [2018] NSWCA 1

Potkonyak v Legal Services Commissioner [2018] NSWCA 1

Given the findings of serious professional misconduct against Mr Potkonyak and the need to protect the public, the interim prohibitions on accepting new instructions and supervising others should not be stayed, and the orders of the Tribunal are stayed only to the extent agreed, pending the prosecution of the appeal.

Jurisdiction
Australia
Judgment Date
16 January 2018
Procedural Posture
Application for Stay Pending Appeal in Disciplinary Proceedings / Interlocutory Application Before Court of Appeal; Orders on Stay Pending Appeal
Outcome
Orders made by consent; Tribunal orders stayed pending appeal subject to maintenance of certain interim orders; costs reserved
Legal Topics
['professional Misconduct' 'stay of Orders' 'striking Off' 'disciplinary Procedures']
['legal Profession' 'disciplinary Proceedings'] ['professional Misconduct' 'stay of Orders' 'striking Off' 'disciplinary Procedures']

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Procedural Posture

Application for Stay Pending Appeal in Disciplinary Proceedings / Interlocutory Application Before Court of Appeal; Orders on Stay Pending Appeal

Legal Issues

  1. 1 ['Whether to grant a stay of orders striking Mr Potkonyak off the roll pending appeal' 'Whether to stay interim orders preventing Mr Potkonyak from accepting new instructions or supervising practitioners']

Ratio Decidendi

Given the findings of serious professional misconduct against Mr Potkonyak and the need to protect the public, the interim prohibitions on accepting new instructions and supervising others should not be stayed, and the orders of the Tribunal are stayed only to the extent agreed, pending the prosecution of the appeal.

Court Disposition

Orders made by consent; Tribunal orders stayed pending appeal subject to maintenance of certain interim orders; costs reserved

Orders

  • ['Pending further order, the orders made in the Tribunal Decision on 9 January 2018 are stayed, except that interim orders from 22 August 2017 remain in place.' 'Applicant to file and serve Notice of Appeal by 19 January 2018.' 'Other procedural directions for expedited appeal hearing set out in detail.' 'Costs...