Council of the Law Society of New South Wales v Zhukovska

The Law Society of New South Wales appealed to the Court of Appeal of New South Wales against orders made by the Civil and Administrative Tribunal (NCAT) concerning Ms Zhukovska, a solicitor. NCAT had cancelled Ms Zhukovska's practising certificate and imposed a 12-month prohibition on the issue of a new certificate. The Law Society sought an order for Ms Zhukovska's name to be removed from the roll of legal practitioners.

The Court of Appeal was required to determine the nature of the appeal from NCAT's decision and whether it was necessary for the Law Society to demonstrate an error in the "House v The King" sense to succeed. Further, the Court had to consider the appropriate disciplinary orders to be made following NCAT's findings of professional misconduct and unsatisfactory professional conduct, specifically whether Ms Zhukovska's name should be removed from the roll, distinguishing this from the suspension or cancellation of a practising certificate. The Court also considered the significance of recommendations versus conditions imposed by NCAT and whether NCAT had failed to specify appropriate conditions for the issuance of any future practising certificate.

The Court of Appeal held that an appeal from NCAT to the Court of Appeal in this context was a full rehearing, not limited to demonstrating a "House v The King" error. The Court found that NCAT had erred in its approach to the appropriate orders. It determined that the findings of professional misconduct and unsatisfactory professional conduct warranted more severe sanctions than those imposed by NCAT. The Court reasoned that the cancellation of a practising certificate and a prohibition on its re-issuance for a period, while significant, did not equate to the permanent consequence of removal from the roll. The Court emphasised the distinction between these disciplinary measures and the gravity of removing a practitioner from the legal profession entirely.

The Court of Appeal ordered that Ms Zhukovska's name be removed from the roll of legal practitioners.