Doherty v The Law Society of New South Wales [2008] NSWCA 352

Doherty v The Law Society of New South Wales [2008] NSWCA 352

Where the Law Society assents to short minutes approving appellant's practice as a lay associate, the Court may confirm such an arrangement by order, inferring the Law Society's approval; differing judicial views exist as to court's power and appropriateness of such orders under s 549(2) Legal Profession Act, but majority confirms adjournment and consent orders.

Jurisdiction
Australia
Judgment Date
11 December 2008
Procedural Posture
Appeal / Adjournment Pending Administrative Decisions Tribunal Determination
Outcome
Appeal adjourned to a date to be fixed after determination of Administrative Decisions Tribunal.
Legal Topics
['practising Certificate Suspension' 'role of Lay Associates' "court's Powers in Professional Discipline"]
['legal Profession' 'administrative Law'] ['practising Certificate Suspension' 'role of Lay Associates' "court's Powers in Professional Discipline"]

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Procedural Posture

Appeal / Adjournment Pending Administrative Decisions Tribunal Determination

Legal Issues

  1. 1 ['Whether the Supreme Court or Court of Appeal has power to make orders approving practice as a lay associate for a disqualified person' 'Appropriateness of consent orders confirming employment as lay associate' "Scope of court's power under section 549(2) Legal Profession Act 2004"]

Ratio Decidendi

Where the Law Society assents to short minutes approving appellant's practice as a lay associate, the Court may confirm such an arrangement by order, inferring the Law Society's approval; differing judicial views exist as to court's power and appropriateness of such orders under s 549(2) Legal Profession Act, but majority confirms adjournment and consent orders.

Court Disposition

Appeal adjourned to a date to be fixed after determination of Administrative Decisions Tribunal.

Orders

  • ['Hearing of the appeal adjourned to a date to be fixed after determination of Tribunal proceedings.' 'Appeal to be listed for mention before Registrar at a date/time to be appointed.' 'Order 3 made by McColl JA on 20 October 2008 permitting appellant to practise as lay associate confirmed.' 'Orders made in short...