Doherty v The Law Society of New South Wales [2008] NSWCA 269

Doherty v The Law Society of New South Wales [2008] NSWCA 269

In view of the public interest and protection of the public, but considering the isolated nature of the conduct, the absence of a finding of professional misconduct, and the limited clerical duties proposed, the court granted an order permitting the applicant to work as a lay associate pending the appeal, with the appeal expedited.

Parties
Applicant: Peter John Doherty; First Respondent: The Law Society of New South Wales; Second Respondent: Andrew Stuart Brown
Jurisdiction
Australia
Judgment Date
20 October 2008
Procedural Posture
Appeal / Interlocutory (application for Stay and Expedition Pending Appeal)
Outcome
Interim orders granted pending appeal
Legal Topics
Suspension of Practising Certificate, Stay Pending Appeal, Legal Practitioners—trust Account Obligations, Interim Orders
Legal Profession Administrative Law Suspension of Practising Certificate Stay Pending Appeal Legal Practitioners—trust Account Obligations Interim Orders

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Parties

Peter John Doherty

Applicant

The Law Society of New South Wales

First Respondent

Andrew Stuart Brown

Second Respondent

Procedural Posture

Appeal / Interlocutory (application for Stay and Expedition Pending Appeal)

Legal Issues

  1. 1 Whether suspension of practising certificate should be stayed pending appeal
  2. 2 Whether applicant should be permitted to work as a lay associate pending appeal
  3. 3 Public interest considerations in suspension of legal practitioners

Ratio Decidendi

In view of the public interest and protection of the public, but considering the isolated nature of the conduct, the absence of a finding of professional misconduct, and the limited clerical duties proposed, the court granted an order permitting the applicant to work as a lay associate pending the appeal, with the appeal expedited.

Court Disposition

Interim orders granted pending appeal

Orders

  • Expedite the hearing of the appeal.
  • Set the appeal down for hearing on 11 December 2008.