PQ (a pseudonym) v The Law Society of New South Wales (No 6) [2021] NSWSC 496

PQ (a pseudonym) v The Law Society of New South Wales (No 6) [2021] NSWSC 496

It is appropriate to make the directions sought by the defendants to allow further evidence and submissions, since previous directions related to the application for urgent relief only and not to the balance of the proceedings, and fairness requires that the defendants be given the opportunity to adduce evidence concerning substantive claims, including those under the Privacy Act 1988 (Cth).

Parties
Plaintiff: PQ (a pseudonym); First Defendant: The Law Society of New South Wales; Fourth Defendant: Council of the Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
07 May 2021
Procedural Posture
Directions Hearing / Interlocutory Pre Final Hearing Directions
Outcome
Directions made for the orderly conduct of the proceedings leading up to the final hearing.
Legal Topics
Court Administration, Case Management, Directions and Orders
Civil Procedure Court Administration Case Management Directions and Orders

Case Brief

Summary, issues, holding and outcome

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Parties

PQ (a pseudonym)

Plaintiff

The Law Society of New South Wales

First Defendant

Council of the Law Society of New South Wales

Fourth Defendant

Procedural Posture

Directions Hearing / Interlocutory Pre Final Hearing Directions

Legal Issues

  1. 1 Whether further evidence and submissions may be filed after expiry of prior procedural orders
  2. 2 Whether defendants should be allowed to adduce further evidence in response to plaintiff's substantive claims

Ratio Decidendi

It is appropriate to make the directions sought by the defendants to allow further evidence and submissions, since previous directions related to the application for urgent relief only and not to the balance of the proceedings, and fairness requires that the defendants be given the opportunity to adduce evidence concerning substantive claims, including those under the Privacy Act 1988 (Cth).

Court Disposition

Directions made for the orderly conduct of the proceedings leading up to the final hearing.

Orders

  • Direct the defendants to file and serve any further affidavit evidence on which they intend to rely by 14 May 2021.
  • Direct the plaintiff to file and serve any written submissions or further affidavit or documentary evidence by 18 May 2021, together with a document in which he identifies the evidence which has already been served on which he intends to rely.