Fitzsimons v Council of the Law Society of New South Wales

The applicant, a solicitor, appealed to the Court of Appeal of New South Wales against a decision of the Administrative Decisions Tribunal (ADT) finding him guilty of professional misconduct. The ADT had foreshadowed a later decision regarding the orders to be made consequent to this finding. The Law Society of New South Wales was the respondent.

The central legal issue before the Court of Appeal was whether the ADT's decision finding the solicitor guilty of professional misconduct constituted an "order or other decision made by the Tribunal" within the meaning of the appeal provisions of the *Legal Profession Act 2004* (NSW), thereby rendering the appeal competent.

Barrett JA determined that the finding of guilt by the ADT was a "decision" for the purposes of the *Legal Profession Act 2004*. His Honour reasoned that the Act provided an avenue of appeal from such decisions, and that the finding of guilt, even before the imposition of specific orders, was a substantive determination by the Tribunal that was capable of being appealed.

The notice of motion seeking to challenge the competency of the appeal was dismissed, and the applicant was ordered to pay the respondent's costs of the notice of motion.