Recent Cases

Terepo v Council of the Law Society of New South Wales [2022] NSWCA 210 (25 October 2022) (Bell CJ, Macfarlan and Mitchelmore JJA)


OCCUPATIONS — legal practitioners — misconduct and discipline — application by Law Society to remove from the Roll the name of a solicitor found guilty of professional misconduct and unsatisfactory professional conduct — appeal by solicitor against Tribunal (NCAT) decision — parties subsequently sought to have orders made by consent — the Court must satisfy itself as to the appropriateness of proposed consent orders

APPEALS — Tribunal (NCAT) exceeded its jurisdiction — its finding of reckless indifference was impermissible because it went beyond the allegations put to it by the Law Society — on the application of both parties the Court set aside the Tribunal’s order recommending removal of the solicitor’s name from the Roll and in lieu ordered that the solicitor not be permitted to apply for a new practising certificate unless she satisfies an educational condition