Doherty v The Law Society of New South Wales

The applicant, Doherty, sought to practice as a lay associate with a solicitor, subject to certain conditions. The respondent, The Law Society of New South Wales, consented to this arrangement. The matter came before the Supreme Court of New South Wales, with Ipp JA, Basten JA, and Handley AJA presiding.

The central legal issue before the Court was whether it possessed the power to make an order approving Doherty's practice as a lay associate, given the Law Society's consent. This involved considering the Court's jurisdiction and the appropriate exercise of its powers in relation to unqualified persons and disqualified practitioners under the relevant legislation.

The Court reasoned that it had the power to make such an order, particularly in circumstances where the Law Society, as the regulatory body, had consented to the proposed arrangement. The Court noted that the parties had signed short minutes of orders to this effect. The Court ultimately determined that it was appropriate to make the short minutes of orders an order of the court, but adjourned the appeal to a date to be fixed after the determination of the Administrative Decisions Tribunal.