Council of the Law Society of New South Wales v Levitt

[2018] NSWCA 247

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Decisions of Council of Law Society
4. › Complaints against solicitors
5. › Whether consideration of s 540 summary disposal a prerequisite to commencing Tribunal proceedings under s 537(2)
6. › Whether failure to refer to s 540 in reasons constituted jurisdictional error
7. › Legal Profession Act 2004 (NSW), ss 537(2), 540
1. Statutory Interpretation
2. › Construction of ss 537 and 540 of Legal Profession Act 2004 (NSW)
3. › Meaning of 'unless s 540 applies'
4. › Whether satisfaction of reasonable likelihood of professional misconduct precludes simultaneous satisfaction of reasonable likelihood of unsatisfactory professional conduct
5. › Meaning of 'unsatisfactory professional conduct (but not professional misconduct)' in s 540(1)(b)(i)
6. › Role of legislative history and extrinsic materials
1. Words and Phrases
2. › 'unless'
3. › 'reasonable likelihood'
4. › Legal Profession Act 2004 (NSW), ss 537, 540

Quick Take

Under ss 537(2) and 540 of the Legal Profession Act 2004 (NSW), the Council of the Law Society must consider whether s 540 summary disposal applies before commencing Tribunal proceedings, even where it is satisfied there is a reasonable likelihood of a finding of professional misconduct, because the 'reasonable likelihood' standard permits simultaneous satisfaction as to both professional misconduct and unsatisfactory professional conduct.