Odtojan v Condon (No 2) [2023] NSWCA 149
Ms Odtojan and Mr Bryl, both legal practitioners, made serious allegations without proper foundation in repeated court proceedings and in their submissions, and continue to maintain that the rules of professional conduct do not bind them. Their continued misunderstanding and repetition of unfounded allegations justifies referral of the judgment and court papers to the Office of the Legal Services Commissioner for investigation.
- Jurisdiction
- Australia
- Judgment Date
- 03 July 2023
- Procedural Posture
- Application for Leave to Appeal / Consequential Orders After Dismissal of Leave to Appeal
- Outcome
- Referral to Legal Services Commissioner ordered
- Legal Topics
- ['professional Conduct' 'unfounded Allegations' 'referral to Legal Services Commissioner']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal / Consequential Orders After Dismissal of Leave to Appeal
Legal Issues
- 1 ['Whether Ms Odtojan and Mr Bryl, as legal practitioners, breached professional conduct rules by making unfounded allegations and whether the matter should be referred to the Legal Services Commissioner.']
Ratio Decidendi
Ms Odtojan and Mr Bryl, both legal practitioners, made serious allegations without proper foundation in repeated court proceedings and in their submissions, and continue to maintain that the rules of professional conduct do not bind them. Their continued misunderstanding and repetition of unfounded allegations justifies referral of the judgment and court papers to the Office of the Legal Services Commissioner for investigation.
Court Disposition
Referral to Legal Services Commissioner ordered
Orders
- ['The Registrar of this Court is directed to refer the papers in this proceeding to the Office of the Legal Services Commissioner.']
Full Case Text
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