Griffin v Council of the Law Society of New South Wales

[2016] NSWCA 275

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of disciplinary orders pending appeal
4. › Whether appeal would be rendered nugatory if stay not granted
5. › Whether arguable grounds for appeal demonstrated
6. › Whether public interest prejudiced by practitioner continuing to practise
1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of appeal pending High Court removal application
4. › Whether arguable case for removal to High Court
5. › Whether substantial delay in making application should preclude stay
6. › Whether costs thrown away in preparation of appeal
7. › Judiciary Act 1903 (Cth), s 40
1. Constitutional Law (Cth)
2. › Implied freedom of political communication
3. › Whether disciplinary provisions of Legal Profession Act 2004 (NSW) burden implied freedom
4. › Whether letter to judicial officer constitutes political communication
5. › Proportionality testing
6. › Legal Profession Act 2004 (NSW), s 562

Quick Take

Where a disciplinary tribunal has not found a practitioner unfit to practise and has contemplated the practitioner continuing to practise for a period, those factors weigh in favour of granting a stay of disciplinary orders pending appeal. Substantial delay in making an application to the High Court for removal of proceedings will weigh against staying appeal proceedings pending the High Court application.