Goldberg v Law Society of New South Wasles

This matter came before the High Court of Australia concerning an application by the Law Society of New South Wales to dismiss proceedings for want of prosecution, and a related application by Mr. R.J.B. Allsop, counsel for Mr. Charles Alroy Goldberg, for leave to withdraw from acting for Mr. Goldberg.

The primary legal issue before the Court was how to proceed given the circumstances. Mr. Allsop sought leave to terminate his retainer, but the Chief Justice indicated that the Rules of Court did not provide for such an application in the manner presented, suggesting the relationship was first terminated and then the Court could make an order reflecting that termination. Concurrently, the Law Society moved to dismiss the proceedings for want of prosecution, and the Court considered how to address these intertwined matters.

The Court, through Mason CJ, indicated that the appropriate course was to proceed with the Law Society's application to dismiss the proceedings for want of prosecution. The Chief Justice noted a difficulty in making the order sought by Mr. Allsop in its current form and suggested that the Rules contemplated a different procedural approach to the termination of a retainer. The Court was informed that Mr. Goldberg's appeal in the Court of Appeal had concluded in December 1988 with the dismissal of his appeal against an order for his removal from the roll, and that a stay had been extended subject to his diligent prosecution of a special leave application to the High Court.

The Court directed that the Law Society's motion to dismiss the proceedings for want of prosecution should be heard first.