THE COUNCIL OF THE LAW SOCIETY OF NEW SOUTH WALES v FOREMAN [No 2] [1994] NSWCA 69

THE COUNCIL OF THE LAW SOCIETY OF NEW SOUTH WALES v FOREMAN [No 2] [1994] NSWCA 69

A stay of the order removing Ms Foreman's name from the Roll is justified for 28 days on conditions, chiefly to enable her to seek legal advice and pursue an application for special leave to appeal to the High Court, balancing her rights and interests of clients and creditors against the Court's obligation to protect the public.

Parties
Claimant: Council of the Law Society of New South Wales; Opponent: Carol Foreman
Jurisdiction
Australia
Judgment Date
05 August 1994
Procedural Posture
Appeal / Post Judgment Application for Stay
Outcome
Stay granted for 28 days on specified conditions.
Legal Topics
Stay of Order, Removal From Roll, Solicitor Disciplinary Proceedings
Practice and Procedure Legal Practitioners Stay of Order Removal From Roll Solicitor Disciplinary Proceedings

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Parties

Council of the Law Society of New South Wales

Claimant

Carol Foreman

Opponent

Procedural Posture

Appeal / Post Judgment Application for Stay

Legal Issues

  1. 1 Should a stay be granted following the removal of a solicitor's name from the Roll to permit an application for special leave to appeal to the High Court?
  2. 2 What conditions ought to be attached to any such stay?

Ratio Decidendi

A stay of the order removing Ms Foreman's name from the Roll is justified for 28 days on conditions, chiefly to enable her to seek legal advice and pursue an application for special leave to appeal to the High Court, balancing her rights and interests of clients and creditors against the Court's obligation to protect the public.

Court Disposition

Stay granted for 28 days on specified conditions.

Orders

  • Stay execution of the principal order for 28 days on conditions: application for special leave to be expedited if advised; no instructions or retainers from new clients during stay.
  • Liberty to apply within 28 days for further or larger orders.