Jauncey v Law Society of New South Wales

This matter concerned an application made to the High Court of Australia by Mr. Jauncey for a stay of orders previously made by the Court of Appeal of the Supreme Court of New South Wales. The Court of Appeal had granted a one-month stay of its orders, which had expired. Mr. Jauncey sought a further stay pending the determination of his application for special leave to appeal to the High Court. The Law Society of New South Wales, the respondent, indicated it wished to be heard in opposition to the application but found it impractical to appear on the day of the hearing.

The primary legal issue before the High Court was whether to grant a further interim stay of the Court of Appeal's orders. This involved considering the applicant's need for a stay to allow his special leave application to be heard and the respondent's position, which indicated a desire to oppose the application and be heard. The court also had to consider the practicalities of serving notice and the timing of the hearing in light of the impending expiry of the existing stay.

The High Court, acknowledging the applicant's need for a continuation of the stay to enable the special leave application to be properly considered and the respondent's stated intention to oppose, granted a short, further stay. The court reasoned that this approach would provide an opportunity for the Law Society to be heard and to consider the relevant material. The court ordered that the stay granted by the Court of Appeal be continued up to and including 2 March 1989, and adjourned the substantive application to that date.