Konstantinidis v Council of the Law Society of New South Wales

[2018] NSWCA 59

NSW Court of Appeal

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Interrogate

Catchwords

1. Occupations
2. › Legal practitioner
3. › Complaints and discipline
4. › Disciplinary proceedings in Tribunal
5. › Time limit for commencing proceedings
6. › Whether resolution of Professional Conduct Committee amounted to 'decision' that proceedings be commenced
7. › Whether opinion expressed 'subject to submissions' constituted final operative decision
8. › Legal Profession Act 2004 (NSW), ss 537, 540, 552
1. Occupations
2. › Legal practitioner
3. › Complaints and discipline
4. › Procedural fairness in disciplinary process
5. › Obligation to consider submissions before deciding to commence proceedings
6. › Legal Profession Act 2004 (NSW), ss 494(3)(b), 508, 509
1. Appeal
2. › Civil and Administrative Tribunal
3. › Jurisdiction of Court of Appeal
4. › Whether decision of Tribunal was 'profession decision'
5. › Whether ancillary decision of Tribunal appealable as of right
6. › Civil and Administrative Tribunal Act 2013 (NSW), Sch 5, cll 1(2), 29

Quick Take

A resolution by the Professional Conduct Committee expressing an opinion 'subject to submissions' about what it 'should resolve' does not constitute a 'decision' under s 552(6) of the Legal Profession Act 2004 (NSW), and the six-month limitation period for commencing disciplinary proceedings does not begin to run until a final operative decision is made.