Council of the Law Society of New South Wales v Webb (No 2)

The Law Society of New South Wales filed a claim against a solicitor, Mr Webb, alleging professional misconduct, including breaches of fiduciary duties and dishonesty. The society sought an urgent interim order preventing Mr Webb from practising law until the final determination of the case. A third party, a client of Mr Webb's, was affected by the proceedings and was granted leave to intervene. The court had to determine whether an interim order was justified and, if so, what form it should take.

The court considered the need for the interim order, whether Mr Webb's continued practice posed an immediate risk to the public or the administration of justice, and the potential impact on the client's rights. The society argued that the allegations, if proven, showed a clear pattern of misconduct that warranted immediate suspension. Mr Webb countered that there was no imminent risk to the public and that an interim order would unduly prejudice his right to a fair hearing.

The court found that, while the allegations were serious, there was insufficient evidence to demonstrate an immediate risk to the public or the administration of justice. The court also considered the client's right to choose their legal representation and concluded that an interim order would infringe on this right. The court was mindful of the need to balance the society's interest in protecting the profession with Mr Webb's right to practise until proven otherwise. Ultimately, the court decided that an interim order was not warranted under the circumstances.

The application for an urgent interim order was dismissed. The court made no orders affecting Mr Webb's ability to practise law. The client's intervention was noted, but no specific orders were made in relation to them. The matter proceeded to a full hearing on the merits of the claim.