Clifton v The Council of the Law Society of New South Wales

In the case of Clifton v The Council of the Law Society of New South Wales, the applicant, a practising solicitor, sought a stay of proceedings in relation to his practising certificate, which was due for renewal. The Council of the Law Society of New South Wales had refused to renew the applicant's practising certificate and appointed a manager to oversee his legal practice. The applicant argued that the refusal to renew his practising certificate and the appointment of a manager to his legal practice were unreasonable and that he should be granted a stay of the proceedings pending a judicial review.

The court was required to determine whether the applicant had established grounds for a stay of proceedings. The applicant argued that there were substantial grounds for a stay, including the potential for irreparable harm if the proceedings were not stayed, the applicant's arguable right to a fair hearing, and the balance of convenience favouring a stay. The Council, on the other hand, contended that the applicant had not demonstrated a sufficient likelihood of success on the merits of the judicial review and that the balance of convenience favoured proceeding with the renewal process.

The court found that the applicant had established substantial grounds for a stay. The court noted that the applicant had demonstrated an arguable case that the decision to refuse to renew his practising certificate and to appoint a manager to his legal practice was unreasonable. The court also found that the applicant had shown a significant likelihood of success on the merits of the judicial review and that there was a risk of irreparable harm if the proceedings were not stayed. The court further held that the balance of convenience favoured a stay, as the applicant's ability to practise law would be significantly impacted if the proceedings were not stayed.

The court granted the applicant's application for a stay of proceedings pending a judicial review. The court ordered that the proceedings be stayed until the judicial review was determined or until further order of the court. The court also ordered that the Council of the Law Society of New South Wales take no further steps in relation to the applicant's practising certificate and the appointment of a manager to his legal practice until the stay was lifted.