Doherty v The Law Society of New South Wales

The applicant, Doherty, sought a stay of the Law Society of New South Wales' decision to suspend his practising certificate pending the determination of his appeal against that suspension. The matter came before McColl JA of the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the suspension of Doherty's practising certificate should be stayed pending the hearing of his appeal. This required the Court to consider the principles governing the grant of a stay in such circumstances, balancing the applicant's interest in continuing his profession against the public interest and the Law Society's regulatory role.

McColl JA considered the relevant principles for granting a stay pending appeal, which generally involve demonstrating a strong or arguable case on appeal and that the balance of convenience favours granting the stay. While the specific reasoning for the orders made is not detailed in the provided text, the outcome indicates that the Court found sufficient grounds to grant a limited stay.

The Court ordered that the hearing of the appeal be expedited and set down for 11 December 2008. Crucially, pending the appeal, Doherty was permitted to practice as a lay associate in the law practice of Mr Mario Piperides. Costs were reserved to be determined as part of the appeal.