Goldberg v Law Society of New South Wales

This matter came before the High Court of Australia concerning an application for special leave to appeal by Charles Alroy Goldberg against the Law Society of New South Wales. The proceedings involved an application by Mr. Goldberg for an adjournment of both his special leave application and a motion filed by the Law Society seeking to dismiss Mr. Goldberg's application for want of prosecution.

The primary legal issue before the Court was whether to grant Mr. Goldberg's request for an adjournment of his special leave application. This request was made on the grounds that Mr. Goldberg's legal representatives had been unable to obtain instructions from him for a significant period, despite considerable efforts. The Court also considered the considerable delay in bringing the special leave application before it, which had been filed over a year prior.

The Court reasoned that while the delay and lack of contact with the applicant were concerning, the applicant's livelihood and professional reputation were at stake. The Law Society formally opposed the adjournment but ultimately left the decision to the Court, acknowledging the potential impact on Mr. Goldberg. The Court decided to grant a final adjournment, noting that it was unlikely to grant further adjournments in the future.

The Court ordered that the matter be adjourned until the special leave sittings in Sydney in August. It was further ordered that Mr. Goldberg pay the costs of the day's hearing to the Law Society of New South Wales.