Livers v Legal Services Commissioner (No 2)

[2021] NSWCA 164

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Costs
2. › Civil and Administrative Tribunal
3. › Disciplinary proceedings against lawyers
4. › Costs payable from Public Purpose Fund
5. › Statutory precondition requiring satisfaction that lawyer did not engage in professional misconduct
6. › Whether precondition confined to conduct alleged in proceedings or extends to whole of evidence
7. › Civil and Administrative Tribunal Act 2013 (NSW), sch 5, cl 23(3)
1. Practice and Procedure
2. › Slip rule
3. › Whether slip rule engaged where costs of proceedings below not addressed in appeal judgment
4. › Uniform Civil Procedure Rules 2005 (NSW), r 36.17

Quick Take

A successful defence against specific allegations does not automatically entitle the lawyer to costs from the Public Purpose Fund under cl 23(3) if the evidence discloses professional misconduct on any basis, including by the lawyer's own concession.