Walsh v NSW Law Society

[1999] HCA 33
Judgment date
Case number
S136/1998
Before
Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ
Catchwords

Appeal – Jurisdiction – New South Wales Court of Appeal – Appeal from Legal Services Tribunal – Whether court exercising statutory or inherent jurisdiction with respect to the discipline of legal practitioners – Whether jurisdiction conferred by statute entitled court to treat appeal as a new hearing.

Appeal – Nature of appeal – Consideration by court of matters outside grounds of appeal and particulars – Procedural fairness to parties and non-parties – Substitution of views of court for findings of primary tribunal – Whether errors of law by court require rehearing of appeal and cross­appeal.

Legal practitioners – Solicitors – Professional misconduct – Unsatisfactory professional conduct – Conduct in connection with the practice of law – Fitness to remain on roll of legal practitioners.

Words and phrases – "appeal".

Courts Legislation Further Amendment Act 1995 (NSW).

Judiciary Act 1903 (Cth), s 37.

Legal Profession Act 1987 (NSW), ss 11, 127(b), 167, 168, 171C, 171F, 171M.

Supreme Court Act 1970(NSW), s 75A.